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Impound Stalls Vote Tally in Ball/Wagner Race

Court hearing set for Tuesday on the incumbent's challenge to the vote count.

Voting machines in Cortlandt, Peekskill and eight other Westchester municipalities have been impounded, delaying an official outcome in the Wagner vs. Ball state Senate race, a county elections official said.

The court-ordered impound has also made it impossible to announce final figures, though not the apparent winners, in several other contests, he said.

The official, Elections Commissioner Reginald LaFayette, said Republican state Sen. Greg Ball, who was facing a challenge by Democrat Justin Wagner, had cited unspecified “irregularities” in obtaining the impound on election night. Wagner could not be reached Friday; Ball’s office did not respond to multiple requests for comment.

In addition to Cortlandt and Peekskill, the order, by state Supreme Court Justice Francesca Connolly, sealed all machines in Lewisboro, Mount Kisco, Mount Pleasant, New Castle, North Salem, Pound Ridge, Somers and Yorktown.

LaFayette said Ball's assertions will be aired at a court hearing Tuesday.

Among the races affected by the impound order were state Assembly contests in the 92nd, 93rd, 94th and 95th districts.

LaFayette downplayed the impact of the court’s order, which suspends vote counting as soon as it’s issued. “We get this routinely every election,” he said.

 “It will affect the numbers in those districts being counted,” he said. “That’s all. . . . This won’t turn a race.”

Ball (R, C, I-Patterson) declared himself the victor over Wagner (D, Working Families-Croton) late Tuesday. Refusing to concede, the Wagner campaign said it would wait for official numbers.

The 40th district also comprises parts of Dutchess and Putnam counties, where unofficial returns showed Ball ahead by almost 7,000 votes in the two-county tally, 19,902 to 12,947.

Earlier, reports suggested that mechanical problems had stalled the vote count in northern Westchester. But LaFayette and a number of town clerks disputed that. “There was no problem with the machines,” LaFayette said. “Nothing unusual.” He said that “every election there’s a machine that goes down—and then it comes back up. That’s true through the history of elections, whether the old machines or the new machines.”

Asked the basis on which the Ball campaign sought the impound order, LaFayette said that an assertion had been made that “there may be some irregularities.”

“We go to court [Tuesday] to hear what they have to say,” he said.

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Danny May 18, 2013 at 12:20 pm
It is dangerous and a menace to our already horrible traffic on 6. Thank God none of those kids gotRead More hit running in between cars looking for change. Traffic was backed up all through Mohegan...Poor choice of a way to raise monies for a good cause.
Look Who's Talking May 18, 2013 at 03:17 pm
@ Wendy, there are people that would say your fight against the methadone clinic is ridiculous. ToRead More some people, gay marriage is a very REAL issue. Recovering drug addicts need to be able to turn to a clinic in order stay on a path of sobriety and many people disagree with your views. I have yet to see methadone zombies all over the streets of Peekskill. Instead we see non-recovering addicts and dealers in the news all the time. Those people are NOT the people that seek the help of clinics. Drug dealers don't hang out in clinics, they hang out in their homes and wait for the next call to come in. I'm sorry that you don't consider discussion about how Frank was removed from the School Board for LYING about living in Peekskill is something to discuss. To me it shows that he already has a very real history of being a liar and shady in order to keep himself in the spotlight and feeling important. However, I do agree that any of those GOP members sitting on that board could've EASILY raised money every year to keep themselves out of the hole if that's what the methadone clinic was doing for them. As far as Mary emailing you back within 24 hours, while you are a taxpaying resident, she is a part-time Mayor and she does have a life of her own. Let's not think that we are all so important that we deserve answers immediately. We've been posting directly to Frank's blog for over a day now and he has not addressed a single thing that has been discussed. We all know that he's reading this. Seems that in a world of transparent government, Frank doesn't want to answer many questions.
Peter Goodson May 18, 2013 at 08:58 am
Well MJ, of course you would be against a business being allowed to decide not to lose a substantialRead More amount of money because of a liberal social program. No surprise there. I don't speak or write for anybody, but Dwight Douglas is very respected and had been for many years. He resigned over the mess and for being betrayed. The rest of the board are useless. If they weren't so partisan they would have resigned too. As for the forensic audit, at least we agree on something. When Frank wins I hope he does one right away. Lots of money disappearing over the last 6 years, especially a huge fund balance that is now all gone.
W Kelly May 18, 2013 at 07:22 am
Peter Goodson I disagree it was initiated by the HVHC and they are stupid to think a loss of 200K aRead More year is enough cause for me or the rest of the community to believe a closure is necessary. Federspiel thinks Peekskill is bias, better check again we are pretty damn wise. The powers at be could have made a move and didn't. Greg Ball could have raised that money with one event. He is always in the media for his fundraiser at HVHC. This is an absolute mess. Mary Foster has always responded to my e-mails and always claimed she was in opposition. I have emailed her twice in the past 24 hours with no response. You can run Mary but you can't hide!
Teleman May 17, 2013 at 05:27 pm
Rose, why is it that you would call me a name? Why not have a productive debate about the issueRead More instead of name call? I'm sure the anti-gun lobby does not like those numbers- but they are the facts. I know it flies in the face of all of the propaganda- millions of gun purchases and gun crime goes down? This is what we've been saying all along. Leave my natural rights as affirmed by the Constitution alone.
Rose Rowland May 17, 2013 at 11:32 am
Go away, you Troll.
Teleman May 16, 2013 at 10:23 pm
Plenty of laws on the books- they are obviously working ok, and would probably work even better ifRead More vigorously enforced.
Teleman May 15, 2013 at 04:11 pm
I stand by my statement- until these contracts are fully re-negotiated and the unions startRead More contributing to their benefits and taking zero % or minimal raises, the taxes will continue to increase year after year- Buchanan will no longer be the so-called "bargain" some claim it is.
Sick of the Lies May 10, 2013 at 10:04 am
Hey Fly, before you make comments, you should check the facts. The contracts are alive and well.Read More Mr. Donahue should try learning to read and checking the facts before sending his brilliant letters to the editor in for publishing. They are almost always entirely fictional....but perhaps he really believes what he says. Yeah, right. He intentionally makes up stories to sucker people like you into believing his nonsense.
Fly on the Wall May 10, 2013 at 02:47 am
All of those lucrative 2% contract raises have since expired! DUH. Unlike the 15% raises yourRead More glorious mayor has doled out with great regularity.