NY-23 not quite yet over

It appears now from statements by the Hoffman campaign that conceding defeat on election night was premature. Apparently in Oswego County, with the largest number of voters in the election, 84 out of 245 county races called in incorrect totals (Syracuse Post-Standard) resulting in a significant undercounting of Hoffman votes.

The NY State Board of Elections now has the race with Hoffman trailing Owens by only 3,000 votes or 46.5% to 48.7%. Considering the 10,200 absentee ballots issued have not been counted it is within the realm of possibility that Hoffman could still be declared winner. We believe that the ballots will break for Hoffman, but the question remains by how much?

Meanwhile as Hoffman conceded victory to Owens predicated on false return summaries, Owens was sworn in by Pelosi and voted for Pelosicare the next day. We believe that this vote alone will not be forgotten by NY-23rd voters and should Hoffman not prevail when all the votes are counted, voters will unite Republican and Conservative parties in 2010 to replace Owens.

One final thought before leaving this race: considering the fusion party politics of New York, as Scozzafava dropped from the race and the Republican party endorsed Hoffman, wouldn't that render the vote for the Republican a count for Hoffman? That is, in fusion politics aren't you essentially voting for the party not the candidate? If so, Hoffman would pick up the 5% from the Republican candidate and run away with the race. We don't know fusion-voting politics well enough to make this case, but it seems logical. Perhaps someone might want to challenge this idea in court?

With all this in hindsight, it seems really too bad Hoffman conceded but Nacilbupera does formally recall our earlier post declaring Owens a victor and will not declare either candidate in this race a victor at least until this race is certified.