Senator Serino files to impound absentee ballots

AMENIA — The Amenia Democratic Committee flagged a recent lawsuit filed by State Senator Sue Serino (R-41), who was just re-elected, requesting absentee ballots from Dutchess and Putnam Counties be impounded.

Serino, a Republican who also ran on Conservative, Independence and Rebuild Our State party lines, won with 61,340 votes in Dutchess County over Democratic challenger Karen Smythe, who earned 45,504 votes in Dutchess County. 

According to documents submitted to the Supreme Court of the State of New York County of Dutchess on Monday, Nov. 2, Serino filed a request for judicial intervention against the New York State Board of Elections, the Dutchess County Board of Elections, the Putnam County Board of Elections and Smythe. New York’s 41st State Senate District includes portions of Dutchess and Putnam Counties. 

The petition acknowledged that the 2020 election “already has an unprecedented number of paper ballots being cast, many of which are being sent via the mail [which will be received after the election]” due to COVID-19 and changes to New York State laws. There was also an increase in affidavit ballots due to the changes, and the petition noted that the influx of mail-in and other paper ballots “necessarily means that the outcome of most all elections in this state will NOT be determined by the election night canvass.” Additionally, the petition stated several Boards of Elections planned to alter their canvassing process “so as to reduce or eliminate poll watchers from having meaningful and effective access… to ballots so they might make objections to absentee, military, special, affidavit or federal ballots.”

The state senator did not make herself available to respond to this newspaper’s questions. But included in Serino’s reasons for filing to impound the ballots provided by her office, the petition took into account that several of the machines used in the election may have been defective — resulting in inaccurate vote tallies — and that the computer-operated optical scan machines may not have been fully or properly tested, thereby creating issues related to overvoting, security and fraudulent attacks that could compromise results. Serino requested that the court preserve the ballots until the canvass and recanvass of the paper ballots has been conducted by the Boards of Elections.

“This was filed just to preserve the integrity of the election,” said Candice Giove, a spokeswoman with the Senate Republican Campaign Committee.

Giove explained that this action  essentially makes sure all of the ballots are secured. Kara Cumoletti, director of communications and operations in Serino’s office, noted it is a standard process “when you think a race might be decided on the absentees in order to maintain the integrity of the process and ensure that all legitimate votes are counted appropriately.” 

However, Giove said since Smythe had already conceded, the issue is moot.

Explaining how impounding ballots works, Dutchess County Board of Elections Republican Commissioner of Elections Erik Haight said it’s an order to show cause that has been dismissed, though he noted Serino’s “decisive landslide victory” over Smythe won’t require judicial intervention.

Nevertheless, Serino’s request to have the absentee ballots impounded before Election Day raised concern from the Amenia Democratic Committee, not to mention Amenia voters, many of whom were worried their votes weren’t counted. As of late last week, the committee heard from voters who contacted Serino’s office and had either not received a response by the end of last week or were told to contact Serino’s campaign for answers.

“I personally did not vote via absentee ballot,” said Amenia Councilman Damian Gutierrez, “but I have had a number of people who reached out who did vote via absentee ballot and they’re livid that their vote has not yet been counted and they want to know why Sue Serino filed this lawsuit.” 

The Amenia Democratic Committee (ADC) asked Serino for answers on its Facebook page, though it has yet to receive a reply.

“People in Amenia took the time to vote,” said ADC member Polly Pitts-Garvin. “All those votes count and by her impounding them, they’re not read and it’s a legal challenge before the vote is even in. People need to have their votes counted, and they’re stuck in limbo… People should know that this is what she’s up to, even before the vote.”