Northern Chautauqua County
District 7 decision will come from court
By NICHOLAS L. DEAN OBSERVER Mayville Bureau
POSTED: November 24, 2009
MAYVILLE — The winner of the County Legislature’s District 7 race will be decided in court, as Republican counsel for Robert Stewart served the Board of Elections with an order to show cause Monday.
Stewart challenged Democratic incumbent Leon Beightol for the District 7 legislative seat on Nov. 3. The district is comprised of the towns of Cherry Creek, Ellington and Poland as well as a portion of the town of Charlotte. The race is of particular note as it is believed the winner will dictate which party holds control of the legislature come January.
After opening absentee and affidavit ballots Wednesday, Stewart was up one vote over Beightol, 543 to 542, respectively — with four affidavit ballots set aside uncounted by the Board of Elections.
Democratic Election Commissioner Norman P. Green and Republican Election Commissioner Brian Abram met at 2 p.m. yesterday to open those ballots. Republican counsel for Stewart, however, served the Board of Elections with an order to show cause to open the four ballots. Additionally, the Republicans are challenging a fifth affidavit ballot and requesting that an improperly-cast ballot be removed from the vote total.
According to Abram, Stewart and his Republican counsel are contesting that one vote was cast by a felon who had previously been purged from the voting rolls but was allowed to vote by affidavit on Nov. 3
The Board of Elections will be in court at 11 a.m. Monday, at which time a judge will either make a ruling or schedule a hearing.
According to Green, the Board of Elections is waiting on its legal counsel to determine whether the two commissioners will be represented by outside counsel.
In addition to the six votes being challenged by the Republicans, Green said Monday that the Board of Elections will be seeking more information about two ballots which were filled out but not scanned by the new voting machines on Election Day. The two ballots were included in the present vote total last Wednesday, but Green said Monday that he and Abram need to get testimony as to why and how the ballots were set aside.
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