BUFFALO, NY - A court hearing to challenge the results of the election results in the 26th District Congressional race has been cancelled.
The lawyer for the Jane Corwin campaign camp made a move to impound paper ballots, but the Republican candidate has since conceded victory to Democrat Kathy Hochul.
The court order was granted by State Supreme Court Justice Russell Buscaglia early Tuesday. Buscaglia's office confirms the hearing, originally set for Thursday, will not happen.
It called for all voting equipment to be impounded, as well as the paper ballots from the voting machines as well as the military, overseas and absentee ballots.
The Rochester Democrat & Chronicle reports that "Securing the ballots is a common practice in close races."
Corwin released a statement on the move, saying;
"We have anticipated a very close election from the start, and the action taken today is standard procedure and very typical in close campaigns. Our campaign's goal is to ensure that every legal vote cast is properly counted accurately and fairly."
There were 6,224 absentee ballots requested in this election, that includes military ballots, but not affidavit ballots given at polling places for voters who are not on the list. Due to the court order, those ballots cannot be counted tonight.
When asked, Kathy Hochul's campaign manager said the Democratic camp has "no official comment" on the move to impound the ballots.
Lippes Mathias Wexler Friedman LLP is the law firm that is handling the case.
In part, the document states that "As revealed by the aforementioned polls, this contest appears particularly close and the final outcome may hinge upon the recanvass of voting machines and the canvass of paper ballots."
Here's a break down of the absentee ballots by county:
- Erie: 2,410
- Niagara: 1,102
- Monroe: 940
- Livingston: 500
- Wyoming: 422
- Orleans: 213
- Genesee: 638