Disenfranchised Voters Deliver Over 5,000 Petitions to Appellate Court Calling for All Ballots to Be Counted

by | Jan 4, 2013 | Press Releases

In 46th State Senate Election, Hundreds of Ballots Still Not Counted

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Albany, NY – Voters whose ballots were laid aside and have yet to be counted in the race to represent the 46th State Senate district gathered in Albany on Friday to deliver more than 5,000 petition signatures collected this week. On Monday, the Appellate Division – Third Department of the New York State Supreme Court will hear arguments in the case. The petitions ask that the court rule that the 331 ballots laid aside be opened and counted.

“Not counting my vote is a threat to the democracy that each and every one of us values so deeply,” said Louise Lussoro, a resident of Kingston. “Because of an insignificant technicality, a judge has taken away my most fundamental right as a New Yorker and an American. This isn’t Florida in 2000, it’s New York in 2013. I hope this appellate court will do the right thing and rule that my ballot and all the other contested ballots be counted.”

Ms. Lussoro moved to Ulster County in the Summer of 2011 to take care of her wheelchair-bound mother. Because she was planning to be out of town on Election Day, she requested an absentee ballot. After receiving her ballot in the mail, she completed it and sealed the envelope. After sealing it, she realized that she may had forgotten to sign the ballot, so she opened the envelope to be sure. She then re-sealed it, placed it in the outer envelope, and mailed it to the Board of Elections. Her ballot was laid aside because the inside envelope had been opened and then re-sealed.

“Any instance of a voter being denied their right to vote is an injustice for all of us,” said Kathy Bobb, a resident of the 46th Senate District whose vote was counted. “It’s vital that every vote be counted in this race if we are to have a legitimate Senator to represent us. We are counting on this court to act in the interest of justice and call for these ballots to be counted.”

“Having fair elections that truly represent the will of the people requires that all the ballots be counted, not just some,” said Charlotte Patricia Allen, coordinator for the University at Albany Chapter of Democracy Matters. “As a student, I’ve learned how fundamental elections are to the functioning of our democracy, but only if they are fair. Our government must be truly representative of the will of the people, so we’re counting on this court to do the right thing.”

“It’s clear that New Yorkers are up in arms about the idea that their votes might not be counted,” said Karen Scharff, Executive Director of Citizen Action of New York. “Over 5,000 people from across the state – and almost 1,000 in the 46th district alone – are counting on this appellate court to protect the core value of our democracy: one person, one vote. This decision is about justice, about fairness, and about the right of the people to decide who represents them in their government.”

“Fortunately for the citizenry, this is a New York State court, not the Rehnquist Court,” said Dan Cantor, Executive Director of the Working Families Party. “We are optimistic that the combination of common sense and prior rulings will produce a fair decision in favor of counting all the votes.”

“It shouldn’t need to be said, the right to vote is fundamental,” said Heather McGhee, Vice President at DEMOS. “The question we must answer is whether voters should lose their right to vote because of insignificant errors. We believe that the judges who take up this case have a duty to protect the rights of voters, and not allow stumbling blocks to keep votes from being counted.”

In addition to Ms. Lussoro, other disenfranchised voters are available to speak with reporters. Please contact Charlie Albanetti at 518.595.9047 to be put in touch with them.

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