# NY-20: Tedisco Asks Court To Overturn Result **URL:** \ **Category:** The BBQ Pit\ **Created:** [April 17, 2009, 2:43pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414 "2009-04-17T14:43:28Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Steve\_MB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steve_mb/32/5339_2.png) [@Steve\_MB](https://boards.straightdope.com/u/Steve_MB)\ **Post date:** [April 17, 2009, 2:43pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/1 "2009-04-17T14:43:28Z")
Jim Tedisco battles Norm Coleman for possession of the coveted “Biggest Sore Loser” crown: > [@](#): > > [Tedisco asks to be declared winner](http://www.registerstar.com/articles/2009/04/17/news/news02.txt) > > 20th Congressional District candidate Republican Jim Tedisco submitted a petition to the Dutchess County Supreme Court Thursday asking the judge to declare him the winner of the extremely close special election race, despite the numbers currently being in favor of his opponent, Democrat Scott Murphy. > > According to The Associated Press, Murphy leads Tedisco by 178 votes district wide — 79,452 to 79,274. The only ballots that have not been counted are those challenged by each candidate’s lawyers, and while Tedisco’s office has said the challenges are roughly evenly split between the two camps, Columbia County lawyers for Murphy have only challenged 22 ballots, while Tedisco’s have challenged 258… ---
**Author:** ![Merijeek](https://avatars.discourse-cdn.com/v4/letter/m/f05b48/32.png) [@Merijeek](https://boards.straightdope.com/u/Merijeek)\ **Post date:** [April 17, 2009, 3:03pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/2 "2009-04-17T15:03:22Z")
Two in a row. I’m really starting to wonder if this is going to be the case with pretty much any and all US elections from this point forward. Ugh. -Joe ---
**Author:** ![Jack\_Batty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jack_batty/32/3201_2.png) [@Jack\_Batty](https://boards.straightdope.com/u/Jack_Batty)\ **Post date:** [April 17, 2009, 3:16pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/3 "2009-04-17T15:16:37Z")
While they’re at it, I’d like them to overturn the results of Superbowl XLII and declare the New England Patriots the winners as it’s obvious that the New York Giants points were achieved under shady circumstances. What circumstances, you might ask? I wanted the Patriots to win, that’s what. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [April 17, 2009, 3:19pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/4 "2009-04-17T15:19:18Z")
I’m not that greedy. I’d be happy with a rule that passes have to be caught with TWO hands. One hand and a helmet doesn’t count. Retroactively enforced, of course. This is only \*two \*in a row if you don’t count Ted Stevens claiming entitlement to a new Senate election now that the charges against him have been dropped. If you do, it’s three. ---
**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\ **Post date:** [April 17, 2009, 3:19pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/5 "2009-04-17T15:19:42Z")
> [@Jack\_Batty](#): > > While they’re at it, I’d like them to overturn the results of Superbowl XLII and declare the New England Patriots the winners as it’s obvious that the New York Giants points were achieved under shady circumstances. > > What circumstances, you might ask? I wanted the Patriots to win, that’s what. I fully support this. ---
**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\ **Post date:** [April 17, 2009, 3:21pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/6 "2009-04-17T15:21:23Z")
> [@Jack\_Batty](#): > > What circumstances, you might ask? I wanted the Patriots to win, that’s what. Were the Patriots ever assured of a permanent majority? That makes a _big_ difference in court. ---
**Author:** ![Steve\_MB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steve_mb/32/5339_2.png) [@Steve\_MB](https://boards.straightdope.com/u/Steve_MB)\ **Post date:** [April 17, 2009, 3:26pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/7 "2009-04-17T15:26:28Z")
> [@Jack\_Batty](#): > > While they’re at it, I’d like them to overturn the results of Superbowl XLII and declare the New England Patriots the winners as it’s obvious that the New York Giants points were achieved under shady circumstances. > > What circumstances, you might ask? I wanted the Patriots to win, that’s what. They should also overturn the 2008 Razzie for Worst Remake/Sequel and give it to _The Day The Earth Blowed Up Real Good_. ---
**Author:** ![Captain\_Carrot](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@Captain\_Carrot](https://boards.straightdope.com/u/Captain_Carrot)\ **Post date:** [April 17, 2009, 3:32pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/8 "2009-04-17T15:32:22Z")
> [@ElvisL1ves](#): > > This is only \*two \*in a row if you don’t count Ted Stevens claiming entitlement to a new Senate election now that the charges against him have been dropped. If you do, it’s three. That doesn’t count, because Stevens didn’t do that. It was one of Palin’s crew, then Palin herself. ---
**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\ **Post date:** [April 17, 2009, 7:25pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/9 "2009-04-17T19:25:03Z")
Is there a threshold for an automatic recount? In Canada, if the margin of victory in a riding in a federal election is less than 0.1% of the total number of ballots cast, there is an automatic judicial recount. In our last election, there were three requested and two automatic recounts. In one case (a requested one, actually) the results were overturned and the incumbent lost. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [April 17, 2009, 7:51pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/10 "2009-04-17T19:51:43Z")
> [@matt\_mcl](#): > > Is there a threshold for an automatic recount? In Canada, if the margin of victory in a riding in a federal election is less than 0.1% of the total number of ballots cast, there is an automatic judicial recount. Laws differ by state, but in some races a difference below a certain threshold does trigger a recount. Indeed, this actually happened in the Coleman/Franken race, (and I think changed the outcome, though it was so long ago now I’m not sure). I haven’t heard it to be the case in NY-20, perhaps because the number of voters for a special election in a congressional district is pretty small anyways, so that a recount is unlikely to make a difference. Also, unless Tedisco is accused of murdering his wife, I think the OP’s link might be incorrect. ---
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [April 17, 2009, 8:16pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/11 "2009-04-17T20:16:18Z")
> [@matt\_mcl](#): > > Is there a threshold for an automatic recount? New York still uses the mechanical lever voting machines, plus paper ballots under specified circumstances, including machine failure, automated marking devices for disabled voters, affidavit ballots if there is a question on voter registration and, of course, absentee ballots. The machines give totals for each candidate (or candidate/party where candidates are cross-endorsed, as Murphy and Tedesco were), but do not provide a separately ballot or receipt which can be hand reviewed. As a matter of state law, the election night totals from the machines are considered provisional, and the machine totals are always recanvassed after the election. In the NY-20 election, the relatively small number of paper ballots have also been recounted, and the recount is complete, except for ballots challenged by either party. The [New York State Board of Elections](http://www.elections.state.ny.us/) has a link to the latest result tabulation, which shows that both machine and paper ballots from all counties have been recanvassed. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [April 17, 2009, 8:20pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/12 "2009-04-17T20:20:59Z")
My favorite part of _this_ election is that Tedisco challenged the absentee ballot of Sen. Gillibrand, the previous holder of the seat. [Washington Post](http://www.washingtonpost.com/wp-dyn/content/article/2009/04/15/AR2009041503599.html) I just get the giggles all over about this. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [April 17, 2009, 9:19pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/13 "2009-04-17T21:19:29Z")
> [@Frank](#): > > My favorite part of _this_ election is that Tedisco challenged the absentee ballot of Sen. Gillibrand, the previous holder of the seat. > > [Washington Post](http://www.washingtonpost.com/wp-dyn/content/article/2009/04/15/AR2009041503599.html) > > I just get the giggles all over about this. The grounds were pretty obviously frivolous, too. I’m not sure why Tedisco thought it would be a good strategy, it just made him look desperate. ---
**Author:** ![E-Sabbath](https://avatars.discourse-cdn.com/v4/letter/e/e19adc/32.png) [@E-Sabbath](https://boards.straightdope.com/u/E-Sabbath)\ **Post date:** [April 17, 2009, 11:19pm UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/14 "2009-04-17T23:19:36Z")
I would like to take a moment to salute the old grey voting beasts of New York. They may be a bitch to keep running… but they work, and they work well. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [April 18, 2009, 12:56am UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/15 "2009-04-18T00:56:41Z")
> [@Simplicio](#): > > The grounds were pretty obviously frivolous, too. Not entirely. One of the requirements to get an absentee ballot in New York State is that you need to certify that expect to be out of the county on election day and therefore unable to vote. If she knew she’d be in the district because she intended to campaign for Murphy, then she shouldn’t have applied for an absentee ballot. You’re right that it looks pitiful, though. ---
**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\ **Post date:** [April 18, 2009, 2:11am UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/16 "2009-04-18T02:11:34Z")
I believe I live in NY-20 (not sure, having just moved and just having gotten my voter registration submitted.) If so, I believe that I should be the Representative from NY-20, seeing as how 1. I actually live in NY-20 2. I am over 25 and 3. I asked for it. ---
**Author:** ![Captain\_Carrot](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@Captain\_Carrot](https://boards.straightdope.com/u/Captain_Carrot)\ **Post date:** [April 18, 2009, 2:30am UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/17 "2009-04-18T02:30:48Z")
> [@Captain\_Amazing](#): > > Not entirely. One of the requirements to get an absentee ballot in New York State is that you need to certify that expect to be out of the county on election day and therefore unable to vote. If she knew she’d be in the district because she intended to campaign for Murphy, then she shouldn’t have applied for an absentee ballot. You’re right that it looks pitiful, though. It doesn’t count if you’ll be in the district all day but working all day? ---
**Author:** ![Zsofia](https://avatars.discourse-cdn.com/v4/letter/z/7bcc69/32.png) [@Zsofia](https://boards.straightdope.com/u/Zsofia)\ **Post date:** [April 18, 2009, 3:10am UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/18 "2009-04-18T03:10:24Z")
> [@E-Sabbath](#): > > I would like to take a moment to salute the old grey voting beasts of New York. They may be a bitch to keep running… but they work, and they work well. I wish to hell we still had them. I have very fond memories of my mom taking me into the booth with her and allowing me to throw the lever. Looking back, I believe I must have voted for Mondale. 🙂 Seriously, the Great Grey Machines of Democracy have quite a lot to recommend them. ---
**Author:** ![OttoDaFe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ottodafe/32/356_2.png) [@OttoDaFe](https://boards.straightdope.com/u/OttoDaFe)\ **Post date:** [April 18, 2009, 3:23am UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/19 "2009-04-18T03:23:20Z")
Not the least being the Sound of Democracy™. There was something about the click . . . click . . . click . . . kaCHUNK that was immensely satisfying on a visceral level. The sound of one’s ballot being inhaled by a briefcase-sized electronic thingy doesn’t come close. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [April 18, 2009, 3:35am UTC](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414/20 "2009-04-18T03:35:53Z")
> [@Captain\_Amazing](#): > > Not entirely. One of the requirements to get an absentee ballot in New York State is that you need to certify that expect to be out of the county on election day and therefore unable to vote. If she knew she’d be in the district because she intended to campaign for Murphy, then she shouldn’t have applied for an absentee ballot. You’re right that it looks pitiful, though. She stated that she expected to be in Washington for Senate business. I’ve voted absentee when I expected to be away but then it turned out I wasn’t. What should I have done? Gone down and really broken the law by voting in person since I wasn’t away after all? [Next page](https://boards.straightdope.com/t/ny-20-tedisco-asks-court-to-overturn-result/493414.md?page=2)