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Orangetown Supervisor Court Case: Testimony in Voter's Home

Judge Victor J. Alfieri continued to hear testimony related to the Orangetown Supervisor election Monday, but not all of it was in the Rockland County Courthouse.

Proceedings were halted Monday afternoon so they the parties could hear testimony in a voter's home in Pearl River. The hearing is not expected to return to Alfieri's courtroom in New City until some time after 2 p.m. Tuesday.

Entering Monday, incumbent Democrat Andy Stewart unofficially had 6,161 votes to 6,158 for Republican challenger Walter Wettje pending rulings on 12 more absentee ballots that are being challenged by Stewart. No more votes were counted Monday.

There are also 41 absentee ballots that have been counted that Stewart is challenging. His attorney, Alan Goldston, is arguing the language on the ballot applications does not live up to statutory requirements due to a flaw in the ballot. Because one ballot had been dealt with in another court matter, it was removed from that group Monday, bringing the number down to 41. 

For more on the legal proceedings heading into Monday, see this report on Patch. 
Mike December 02, 2013 at 10:11 PM
First, can the writer tell us why the proceedings have moved to a voters home? You give us this headline but no explanation whatsoever. Second and more importantly, it is ironic that Mr. Stewart of the Democrat party which on a national level wants every vote counted and could care less about identification of voters all of a sudden is challenging the votes based upon "statutory requirements". Sounds like bs to me.
Sara S December 02, 2013 at 11:18 PM
Mike - you do know that statutory requirements are those requirements that are required by the law itself, don't you? Of course they would care about the legal requirements set forth in the law itself. And it's very likely the voter used an absentee ballot because they were unable to leave their home, hence the need for the proceedings to be held at the voter's home.
kimberly December 03, 2013 at 07:20 AM
Actually Sara S, the attorney is "arguing that the language on the ballot applications does not live up to statutory requirements due to a flaw in the ballot" in an attempt to get 41 votes that have already been counted thrown out. Do you really believe that they care about the legal requirements? They care about winning and it sounds like they are trying to interpret the law to fit that outcome. What argument is the lawyer making exactly?
Mad Dog December 03, 2013 at 09:37 AM
Sara S. - Why should a voter be disenfranchised because the absentee ballots sent out to them are lacking proper language? That is a failure by the Commissioner of Elections office and not the fault of the voter.
Mike December 03, 2013 at 01:19 PM
Sara S.- that's my point exactly. Stewart and his lawyers don't care about the law or about a voters right. They care about winning. These are the very same people (party) that forcefully advocated for voters rights this past Presidential election. In true political form, now that the shoe is on the proverbial other foot, Stewart and the Orangetown Democrats are saying to heck with voting rights. Hanging chads anyone?
Reality December 03, 2013 at 02:15 PM
This whole process is a sham. Stewart is throwing everything imaginable against the wall to see what sticks. Please leave already...you're not wanted!!

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