State of New York

New York 50th State Senate District Ballot Counting Challenge (Mannion)

Mannion v. Shiroff

Lawsuit filed by Democratic and Working Families Party state Senate candidate John Mannion, who is the incumbent representing the 50th state Senate district in New York, seeking a recount of his race against Republican state Senate candidate Rebecca Shiroff. According to the petition, New York state law requires a full manual recount of all ballots if the vote count margin between the two candidates is less than 0.5%. Mannion alleges that the election results are “exceedingly close, with only a marginal number of votes separating the Petitioner and Candidate-Respondent.” In anticipation of a recount, the petitioner requests the preservation of “ballots as well as any and all records related to Board-Respondents’ review of absentee ballot envelopes that could have or did result in the issuance of a notice to cure/cure affirmation form, as well as the related notices and affirmations.” Additionally, the petitioner asks “to have this Court review all determinations of Board-Respondents as provided for in the Election Law, allow for this Court to make adjustments in the canvass as may be necessary; enjoin any certification of election results which would prejudice the rights of Petitioner; and to bar or prevent any procedural defect which might be asserted to defeat this Court’s determinations.” 

On Nov. 10, after initially granting the petitioner’s requested relief, the court vacated (meaning voided) its initial order and ordered the board of elections to “immediately resume casting and canvassing absentee, military, special and affidavit ballots pursuant to the provisions of Election Law.” On Dec. 19, after a hand recount, the judge ordered the election to be certified. Mannion declared victory with a 10 vote lead.

Case Documents

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