Court Hearing on Orangetown Supervisor Vote Continued to Wednesday

UPDATED: The court proceedings regarding disputed ballots in the Orangetown Supervisor election will continue 11 a.m. Wednesday at the Rockland County Courthouse. 

Incumbent Democrat Andy Stewart released a statement late Tuesday night stating that Judge Victor J. Alfieri dismissed the petition by Republican challenger Walter Wettje. 

"This means that all of the sealed  absentee ballots challenged by Wettje's attorney should be opened by the Board of Elections tomorrow and their votes counted, likely changing the current 18 vote margin significantly," Stewart wrote. "The remaining 12 (of 54) absentee ballots are   the subject of our court challenge to their validity for a range of reasons as mentioned in our last email update. We return to court tomorrow at 11AM to present arguments to Judge Alfieri as to why these 12 envelopes should remain  sealed, and the ballots left uncounted, due to various serious defects that undermine their legitimacy. Our attorney will also ask for relief on other legal issues affecting other ballots.

"When Judge Alfieri issues his final ruling on our case, we should get a great deal more clarity on the outcome of this process."

----------------------------------------
Acting Supreme Court Judge Victor J. Alfieri, Jr. heard arguments regarding contested ballots in the Orangetown Supervisor election during a hearing that began Tuesday at the Rockland County Courthouse in New City.

Alfieri dismissed one petition by attorney Guy Parisi, who is representing Republican challenger Walter Wettje, citing a lack of specifics in the initial filing and improper procedure followed in amending it. 

Alfieri set a hearing for 2 p.m. on a petition by attorney Alan Goldston, who is representing incumbent Supervisor Andy Stewart, a Democrat. 

Most of the absentee ballots were counted last week, leaving Wettje with a lead of 18 votes in the unofficial count. In the case of 54 ballots that were not counted, Rockland County Elections Commissioners Kristen Stavisky and Louis Babcock were split on whether they should be counted or not. Once that was determined, they were put aside for three days. Goldston explained that with those days up, they will be counted unless the judge rules that they should not be counted.

Both sides are challenging ballots among the 54 uncounted absentees, but it was not clear if all would be resolved Tuesday. Goldson said he expects 42 of the ballots that Wettje had been challenging to be opened due to Tuesday morning's ruling. 

"There are 12 ballots among that batch of 54 that my client has identified as ballots that we think are subject to a valid objection and we think the court should rule on them," Goldston said. "If we don't have a continuing order to keep them closed, they automatically get opened. A split decision only buys you three days. Now there is no reason not to hold those 42. Since those were mostly challenged by Mr. Parisi, I kind of think those were mostly Democrats." 

There are also 42 ballots that were counted, but objections were made due to what Goldston called a defect in the ballots.

"A form of absentee ballot which has been in use this past year, does not contain necessary language without which it does not comply with the statute," Goldston said. "Whether those 42 ballots are good or not will turn on that question, which has not been decided by a court."

There could also be other challenges brought by Parisi.