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November 21, 2018 - 2:01pm

With most votes counted, McMurray still behind Collins, claims possible irregularities with absentee ballots

posted by Howard B. Owens in chris collins, NY-27, news, Nate McMurray, notify.

Two weeks after election day, with most of the outstanding ballots in the NY-27 counted, challenger Nate McMurray has pulled within 1,384 votes of Rep. Chris Collins but it's unlikely there are enough ballots left to be counted for McMurray to overtake the Federally indicted congressman.

McMurray has not conceded the race, though Collins has declared victory.

In Genesee County, in the count of provisional, military, absentee and emergency ballots, McMurray gained 71 votes on Collins, making the split 11,471 for Collins to 8,705 for McMurray. Third-party candidate Larry Piegza finished with 627 votes.

According to the McMurray campaign, and multiple other news reports, McMurray gained votes in nearly every, if not every, county in the district since election day two weeks ago.

In a statement this afternoon, McMurray thanked his supporters and vowed to continue the fight, claiming potential irregularities. He said he and his attorneys are discussing the situation and will decide what to do after Thanksgiving.

In election law in other states, when the margin separating two candidates is less than 1 percent, an automatic recount is required or a candidate can request a recount. New York law provides no mechanism for requiring a recount.

"We have seen extensive irregularities in the voting process, especially pertaining to absentee ballots, and there are issues that need to be addressed, not only for this election but for all elections in the future to ensure voters are not disenfranchised and that every voice is heard," McMurray said.

The Collins campaign has not sent a statement about the outcome of the election to The Batavian.

In Genesee County, the recount is a bipartisan affair, overseen by Richard Siebert for the Republicans and Lorie Longhany for the Democrats, with observers from both parties watching the entire process, from ballots being opened to votes being tabulated.

In Erie County, which is where McMurray picked up most of his additional votes to close the gap, which was 2,241 votes districtwide when Erie County started its vote count yesterday morning, Republican Commissioner Ralph M. Mohr told the Buffalo News the process there is similar to the process locally.

From the Buffalo News:

The Tuesday process began around 10 a.m. in a stark room at the Board of Elections on West Eagle Street. Officials first ran through a scanner the emergency ballots that somehow were jammed or encountered other problems in the machines on Election Day.

Then Mohr explained the process by which a bipartisan team from the board would open the ballots and prepare them for machine scanning. Officials lined up approximately 16 workers at carefully staged positions on both sides of a long table, with Democrats observing Republicans and vice versa.

“We have here a bipartisan team,” Mohr explained to a crowd of campaign observers and reporters, asking Democrats and Republicans assigned to the counting table to raise their hands.

Erie County officials counted 5,588 absentee ballots, 1,454 affidavit ballots, and 433 emergency ballots, with McMurray picking up 3,279 votes and Collins 2,422.  There are more ballots to count but McMurray would need nearly all of the remaining his ballots to go his way in order to pull out a victory and that is statistically improbable.

Collins is expected to be sworn in for his fourth term in January even though he faces an ongoing investigation by the House Ethics Committee, will be in the minority party, serve on committees, and awaits a Federal trial on charges that he exchanged in securities fraud, wire fraud, and lied to the FBI about his role in an alleged scheme to illegally use corporate insider information to assist family and friends in dumping stock they owned in Innate Therapeutics. Collins served as a member of the board of directors of the Austrailian biotech company.

He was also once the company's second-largest shareholder but in a recent disclosure by the company, Collins isn't even listed among the top 20 shareholders.

At one time, Collins reportedly held 3.8 million shares of the company's stock.  

By law, members of Congress must disclose their stock trades within 30 days of the transaction.

On June 20, Collins sold between $15,000 and $50,000 shares of stock (as specific as he's required to be on the disclosure form).

On that date, Innate was trading at 28 cents a share.  If he sold $50,000 worth of shares, he sold less than 180,000 shares. It's unclear when and how he disposed of his other outstanding shares (which would have been enough to keep in the top 20 shareholders of Innate if he retained the shares).

In a news report about the stock disclosure, his campaign spokeswoman called these facts "fake news."

Collins is expected to go on trial for his insider trading charges in February 2020. He vows to beat the charges and continue to serve in Congress.

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