By Eileen Buckley and Mark Scott
Buffalo, NY – Ballot counting will resume in the race for the 27th congressional district.
It was halted Election Night when Republicans called for voting machines and paper ballots to be impounded as Nancy Naples fell behind in a close race against Brian Higgins. But now a judge lifted a restraining order.
Absentee and affidavit ballots will be counted in Erie County November 15th, and the following day in Chautauqua County. Attorneys representing Nancy Naples and Brian Higgins appeared in court before a State Supreme Court Justice Thursday.
Elections commissioners from Erie and Chautauqua Counties were also present. Erie County Republican Elections Commissioner Ralph Mohr says there are still about 5,500 absentee ballots from both counties that need to be counted.
"In addition to that, we are anticipating thousands of affidavit ballots, which are cast on election day and are currently locked up at the Board of Elections," Mohr said. "Chautauqua County has more than 3,000 absentee ballots that need to be counted and an undetermined amount of affidavit ballots as well."
Re-canvassing of the voting machines will also resume. Chautauqua elections officials say they plan to begin that process Friday. Both candidates will be allowed to watch the counting. Dennis Ward, attorney for Brian Higgins, says he is still confident Higgins will remain the winner.
"The margin that we saw last is in excess of 3,200 votes. For Ms. Naples to overcome the margin we currently have, it would require her to get in excess of 80% of the absentee ballots," Ward said. "It is a mathematical possibility, but the probability of either candidate coming up with 80% of the outstanding ballots is very, very small."
In court, Ward objected to the impound saying it shut down the electoral process in two counties. But Naples attorney Brad Stam says they were just trying to ensure the integrity of the vote count because the race was so close.
"This just ensured it was a fair, open process, so that the count is accurate, win or lose," Stam said. "Both sides should be in favor of this, which I think they are."
Late Thursday afternoon, Democratic Party Chairman Len Lenihan asked Naples to give up her fight and concede defeat. He's says the community has already put up with a six month campaign and it's time to move on.
Lenihan said Naples should emulate both Democratic Presidential candidate John Kerry and Senate Minority Leader Tom Daschle who each conceded defeat in elections that were equally close.