As I pointed out last week, continued vote counting in the NY-22 race put Republican Claudia Tenney back in the lead by about 30 votes. But that total is unofficial until Judge DelConte rules which ballots will be counted and which won’t be. Today, DelConte returned to work and is reportedly going through nearly 2,000 disputed ballots one by one. Reporter Andrew Donovan was covering the action and noted that Judge DelConte quickly got angry with the attorney for Democrat Anthony Brindisi.

Less than an hour later, the judge was furious:

There was an excellent primer published by Syracuse.com yesterday which helps explain what the judge is angry about:

Some voters in the 22nd District voted in the wrong polling site and wrong voting district. Brindisi’s attorneys say those votes should count. The voters were allowed to vote by affidavit or provisional ballots. Those are paper ballots given to voters at polling sites when their names or signatures are missing from poll books.

The 2019 election law made it possible to still count ballots cast in the wrong voting district as long as the person voted at the correct polling site. A common scenario is they show up to a polling place that is hosting more than one voting district covering several lower-level races. They could end up in the wrong line, which Brindisi’s attorneys said amounts to voting in the “right church” but “wrong pew.”

Additionally, Brindisi’s attorneys are arguing that voters who voted in the wrong polling site should not lose their votes, saying that poll workers should have informed them that their votes were cast in error.

By casting this as an error made by poll workers, Brindisi’s attorney is essentially saying the voters themselves should be forgiven. But Tenney’s camp takes the opposite view arguing that voting in the wrong place is an error by the voter and is their responsibility not that of the poll worker. A county election commissioner said Tenney’s view is closer to the current interpretation of state law.

Czarny, the Onondaga County election commissioner, thinks Brindisi will have a hard time convincing the judge.

“I think that’s going to be a tougher lift. By the way, I think that should be the law. That’s a reform that I have personally advocated for,” he said. “… But that has been litigated many times and I have not seen it be successful. … It is pretty clear in New York election law that you have to be in the right polling place.”

So that’s why Judge DelConte is upset. The law says the voter has to be at the right polling site and Brindisi’s attorney is arguing for so much latitude that, potentially, a voter could show up at any polling place in the state and still have their vote count.

And this pattern repeats with other contested ballots. Brindisi’s camp wants to overlook voter errors of every possible kind and Tenney wants the judge to stick to the law.

Tensions are clearly running high. As I was writing this another update appeared. An attorney has just been removed for cursing in the virtual courtroom: