New York will keep counting absentee ballots after BOE drops appeal to judge's ruling

Republican commissioner Rachel Bledi examines ballots as observers at the Albany County Board of Elections count absentee ballots, Tuesday, June 30, 2020, in Albany, N.Y. (AP Photo/Hans Pennink)

By David Brand

The state Board of Elections has ordered county boards to comply with a federal court order to count thousands of absentee ballots initially disqualified for missing postmarks and late deliveries.

The decision by the BOE came less than a week after officials said they would challenge a federal judge’s ruling in a class action lawsuit brought by candidates and voters. Judge Analisa Torres ordered the state to count ballots received by June 25 whether or not there was a postmark. Gothamist first reported on the BOE’s decision not to appeal

For the first time, nearly all New Yorkers were eligible to vote by mail in the June primary based on an executive order issued by Gov. Andrew Cuomo.

The BOE struggled to meet the demand for hundreds of thousands of additional ballots — a tenfold increase compared to last year. In the Democratic primary for New York’s 12th Congressional District, roughly 20 percent of ballots were invalidated.

The race pitted incumbent Rep. Carolyn Maloney against three challengers, including lawsuit plaintiff Suraj Patel, who trails Maloney by about 3,500 votes. Patel is unlikely to make up the deficit, but he has declined to concede as the state counts the remaining votes.

Donald Trump and a boatload of conservative commentators have used the lawsuit and the issues with absentee ballots in New York to discredit efforts to institute widespread mail-in voting ahead of the November Presidential Election. 

Election attorney Ali Najmi, who sued the BOE on behalf of Patel, Assembly candidate Emily Gallagher and more than a dozen voters, said Trump is “manipulating the situation for nefarious purposes.” Najmi worked with co-counsel J. Remy Green.

The lawsuit exposed problems that can be fixed before the election, Najmi said during an appearance on WBAI’s “City Watch” Sunday morning.

“No ballots were thrown out, no ballots were missing, no ballots were shredded,” Najmi said.

“There were a host of problems, but all the problems were fixable. We can get this right. I actually have a lot of faith in New York pulling this off for November.”

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He urged the state to address the problems over the next few months to ensure all votes are counted in the general election. 

“Mail-in voting is the best, safest, most transparent way to vote,” he said. 

Absentee ballots allow for “increased voter turnout,” he added.

“And that should be everyone’s goal.”

The BOE did not yet respond to requests for comment.