Confusion at the vote count with nearly 22,000 Queens ballots invalidated
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The vote count is underway at Queens Borough Hall. Photo via Queens Borough President’s Office
By David Brand
New York’s arcane election laws are preventing some candidates and election observers from reviewing nearly 22,000 invalidated ballots, say a group of Queens political activists.
The Board of Elections only allows candidates and election attorneys to review copies of ballot envelopes deemed invalid if they receive a court order to do so. A spokesperson for the BOE, Valerie Vazquez, said people who request copies of the envelopes with a court order also receive a notation of the preliminary determination, which explains why an absentee ballot was tossed by election officials. It could be that the envelopes were filled out incorrectly or were not postmarked, she said. Campaigns, usually through election attorneys, can then challenge those disqualifications.
Overall, 21,980 ballots were preliminarily disqualified, according to a handwritten breakdown provided by BOE officials to members of the New Reformers, a political organization that represents a slate of candidates for Democratic district leader positions.
A handwritten list of invalidated ballots provide by the Board of Elections to members of the New Reformers. Photo courtesy of Martha Ayon
In an email exchange shared with the Eagle, BOE attorney Steve Richman told attorney Arthur Schwartz, who represents 20 Queens candidates, that the candidates did not submit a request to review ballots by a Wednesday morning deadline. Schwartz countered that the deadline applied to a review of registration records and not to observe invalidated absentee ballot envelopes.
“Why do you have to be Mr. Difficult. Let the observers look at the envelopes which aren't being opened. Maybe it will enhance your reputation of being open and transparent,” Schwartz wrote.
Many of Schwartz’s clients ran with support from the New Reformers, whose leaders include Queens political consultant Martha Ayon and organizer Bright Limm. They say state election laws needlessly complicate the voting process, especially amid a record number of absentee ballots. For the first time, all New Yorkers were eligible to vote by mail if they completed an absentee ballot application.
“New York has some of the lowest voter participation in the country. We should be looking to count every vote, not disqualifying ballots over technicalities,” the New Reformers said in a statement. “New York should be the leader in voter participation, not voter suppression.”
The issues over invalidated absentee ballot envelopes recall last summer’s extended recount in the Democratic primary for Queens district attorney, which hinged on mail-in ballots. Then-Borough President Melinda Katz defeated public defender Tiffany Cabán by just 60 votes after reversing an 1,100-vote deficit following the absentee count. The recount effort dragged through the summer as election lawyers challenged the disqualification of mail-in ballot envelopes over technicalities like a missing address.
By Friday morning, the ballot count had ended in a single Queens Assembly District, the 23rd, which covers a chunk of Southeast Queens and the Western portion of the Rockaway Peninsula. The district is represented by Assemblymember Stacey Pheffer Amato.
Despite the confusion, election attorney Ali Najmi said the Queens Board of Election was doing a good job during a complex election.
BOE officials “have been incredibly responsive and professional during this process,” said Najmi, who represents several Queens candidates, including incumbent Assemblymember Ron Kim, Assembly candidate Zohran Mamdani and borough president candidate Costa Constantinides, an Astoria councilmember. “This is an unprecedented time with an incredible amount of absentee ballots to count. They are doing a great job under these circumstances.”
Correction: An earlier version of this article indicated that election attorney Ali Najmi represents Assembly candidate Jenifer Rajkumar. He does not.
