Judge Victor Alfieri Jr.
Democratic candidate for Town of Orangetown Supervisor, Stewart, sought a decision on the validity of 11 absentee ballots which were not cast and canvassed because of a split decision by the commissioners based on certain objections. He also sought a determination on 41 absentee ballots based on an objection to the absentee ballot application form. The court found the absentee ballot application used substantially complied with Election Law §8-400(3), denying Stewart’s challenge to the 41 absentee ballots. Stewart challenged one of the 11 absentee ballots arguing the signature of the voter was a stamped signature. The court ruled a stamped signature, without the signature of a witness attesting to the mark, did not comply with the signature requirement, and permitting such would enhance the opportunity for fraud and mischief in the absentee voting process. Thus, it was found invalid and may not be counted. Stewart also challenged another two ballots arguing the ballot envelopes were torn. The court agreed that while the envelops did not appear to be opened, they were torn such that the ballot inside was visible, and potentially tampered with. Hence, these ballots were also found invalid.
