{"id":40000,"date":"2020-08-04T07:40:00","date_gmt":"2020-08-04T04:40:00","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/judge-orders-new-york-state-to-count-previously-invalidated-mail-in-ballots\/"},"modified":"2020-08-04T07:40:00","modified_gmt":"2020-08-04T04:40:00","slug":"judge-orders-new-york-state-to-count-previously-invalidated-mail-in-ballots","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/judge-orders-new-york-state-to-count-previously-invalidated-mail-in-ballots\/","title":{"rendered":"#Judge orders New York State to count previously invalidated mail-in ballots"},"content":{"rendered":"

“#Judge orders New York State to count previously invalidated mail-in ballots<\/strong>”<\/p>\n

\n A federal judge ordered election officials to count thousands of mail-in ballots throughout New York State that were declared invalid for not having a post-mark or arriving at offices shortly after the June 23 primary.<\/p>\n

In granting the preliminary injunction Monday, Manhattan Judge Analisa Torres said the plaintiffs who brought the suit \u2014 including congressional candidate Suraj Patel and Brooklyn Assembly candidate Emily Gallagher \u2014 had proved that voters were disenfranchised and denied their constitutional rights after being encouraged to vote by absentee ballot during the coronavirus pandemic.<\/p>\n

Torres said these arbitrarily disenfranchised voters were denied free speech, equal protection and due process due under the law.<\/p>\n

A major problem: Thousands of ballots that had stamps pre-paid by New York State were not post-marked by the Postal Service, particularly those coming from Brooklyn voters. But most other ballots were post-marked.<\/p>\n

If such a post-marked ballot was not received by election officials by June 23, it was not counted.<\/p>\n

Many ballots arrived at the elections board a day or two after the primary election because voters did not receive them in the mail from the Postal Service until Election Day.<\/p>\n

\u201cWhen voters have been provided with absentee ballots and assured that their votes on those ballots will be counted, the state cannot ignore a later discovered, systemic problem that arbitrarily renders those ballots invalid,\u201d Torres said in her 48-page ruling.<\/p>\n

\u201cFor those who voted by absentee ballot in the Gallagher and Patel races\u2014and in particular, for those voters living in Brooklyn \u2026 accepting the state\u2019s offer to vote by absentee ballot and following the state\u2019s instructions to vote timely, nonetheless resulted in their ballots not being postmarked, and, consequently, invalidated.<\/p>\n

\u201cUnder these circumstances, the policy embodied by the postmark rule, deliberately adopted and intentionally app<\/a>lied to those ballots, is sufficient to establish a violation of the Due Process Clause and the First Amendment,\u201d the judge ruled.<\/p>\n

The judge\u2019s order requires the New York City Board of Elections and all other local election agencies count \u201call otherwise valid\u201d absentee ballots cast in the June 23 Primary which were received by June 24, 2020 \u2014 without regard to whether such ballots were postmarked by June 23 \u2014 or received by June 25, so long as such ballots are not postmarked later than June 23.<\/p>\n

The judge said evidence provided by plaintiffs \u2014 based on an analysis on the city BOE\u2019s own records \u2014 revealed that \u201cthousands of absentee ballots cast in the June 23 Primary were invalidated\u201d because they arrived after the close of polls on June 23 and lacked a postmark, or reflected a postmark with a date later than June 23.<\/p>\n

Torres added, \u201cthe evidence shows that many more ballots were invalidated in Brooklyn than in other boroughs.\u201d<\/p>\n

The judge referred to testimony from Dawn Sandow, the city BOE\u2019s deputy executive director, who estimated there were \u201cpossibly\u201d 2,000 ballots invalidated in Brooklyn alone for lacking post-marks \u2014 far higher than other parts of the city.<\/p>\n

Torres pointed to unequal treatment of voters based on where they lived \u2014 pointing to invalidated mail-in ballots from the 12th congressional district that includes the East Side of Manhattan, Greenpoint in Brooklyn and Long Island City\/Astoria in Queens. While ballots were invalidated in all three boroughs, the percentage was 50 percent higher in Brooklyn, she noted.<\/p>\n

\u201cThis is strong evidence that USPS locations in Brooklyn handled absentee ballots differently from the postal service locations in the other boroughs. Whether they were not delivered to the Morgan Facility, or mishandled once they got there, a significant number of Brooklyn ballots that should have been postmarked were not,\u201d the judge said.<\/p>\n

\u201cWhether an individual\u2019s vote will be counted in this race, therefore, may depend in part on something completely arbitrary\u2014their place of residence and by extension, the mailbox or post office where they dropped off their ballot. Not only is this `not a process with sufficient guarantees of equal treatment, it is also the type of differential treatment that the Supreme Court has found to violate the `one person, one vote\u2019 principle,\u201d ruled Torres.<\/p>\n

For example, the NYCBOE has not counted 628 absentee ballots that were cast in Gallagher\u2019s race and 691 absentee ballots that were cast in Patel\u2019s race that were received by the city BOE on June 24, the judge said.<\/p>\n

Gallagher won her race, toppling long-term incumbent Joe Lentol in the 50th Assembly District that takes in Greenpoint and Williamsburg.<\/p>\n

The city BOE intended Tuesday to declare Rep. Carolyn Maloney the winner in a nail-biting rematch against Patel before the judge\u2019s ruling. She was ahead by 3,700 votes but even President Trump weighed in, saying New York officials botched the handling of ballots and suggesting a redo of the election.<\/p>\n

Still, sources said Maloney will likely prevail in any recanvassing of absentee ballots because of the size of her lead and the fact that most of the absentee ballots were mailed from her power base on Manhattan\u2019s East Side, not the Brooklyn or Queens portions of the district.\n <\/p><\/div>\n

\n

If you want to read more News<\/a> articles, you can visit our General category.<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n

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Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

“#Judge orders New York State to count previously invalidated mail-in ballots” A federal judge ordered election officials to count thousands of mail-in ballots throughout New York State that were declared invalid for not having a post-mark or arriving at offices shortly after the June 23 primary. In granting the preliminary injunction Monday, Manhattan Judge Analisa…<\/p>\n","protected":false},"author":1,"featured_media":40001,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[48382],"class_list":["post-40000","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general","tag-judge-orders-new-york-state-to-count-previously-invalidated-mail-in-ballots"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/40000","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=40000"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/40000\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/40001"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=40000"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=40000"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=40000"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}