New York 42nd State Senate District Ballot Counting Challenge

Lawsuit filed by Republican state Senate candidate Dorey Houle against the New York State Board of Elections (NYSBOE), Orange County Board of Elections and Democratic and Working Families Party state Senate candidate James Skoufis (who is the incumbent representing the 39th state Senate district in New York) challenging the counting of ballots cast during the Nov. 8 election. The petitioner claims that she is currently behind by 1,180 votes and contends that the Orange County Board of Elections is “in possession of ballots…which have, in contravention of law, NOT been counted.” Specifically, the petitioner alleges that “there are 501 Absentee ballots on hand (unopened) in Orange County” as well as an “undetermined number of Affidavit Ballots issued on the days of election to voters whose names did not appear in the poll books.” Furthermore, the petitioner asserts that there were several “defective” voting machines utilized in the election “which may result in inaccurate tallies of votes.” She further alleges that the “methodology employed in the counting of ballots” violates the New York Constitution. The Republican petitioner ultimately seeks a court order to preserve all ballots and “voting materials, in the canvass and return as well as the re canvass of returns from the General Election of November 8, 2022 for the public office of State Senator of the 42nd District.” She also requests an “audit of the electronic voting machines, ballot marking devices and or ballot scanners” used during the Nov. 8 elections. Finally, the petitioner requests that the court prevent the defendants from certifying “any candidate other than the Petitioner, Dorey Houle, as the candidate duly elected to the office of State Senator 42nd State Senate District.” On Nov. 21, the case was dismissed after the petition was withdrawn on Nov. 18.

Last updated: November 16, 2022 2:30 pm EST