A New York state judge has ordered the certification of Republican Claudia Tenney as the winner in the 22nd Congressional District race.
The ruling cements her lead at 109 votes ahead of Democrat Anthony Brindisi in a rematch election between them.
93 days after Election Day, a judge rules it is time to certify the #NY22 results
— Trish Kilgannon (@trishkilgannon) February 5, 2021
Claudia Tenney (R) wins the congressional race by 109 votes over Anthony Brindisi (D) pic.twitter.com/uZGGJIlAex
The judge had previously ordered a temporary stay on the certitication of Oneida County's results, which Brindisi's attorneys wanted to continue. They argued that certification of results would limit their options to appeal because once Tenney is seated, only the House of Representatives could unseat her.
In his ruling, the judge said that because the House has sole authority over its members, Brindisi's appeal could still be reviewed later, meaning he would not suffer irreperable harm without an injunction.
The judge also noted that the court does not have the authority to order a recount or a new election. Recent legislation allows that only for 2021 and beyond.
The judge ordered the state Board of elections to certify all results once they receive the final numbers from Oneida County. Other counties in the district that stretches from the Mohawk Valley to Southern Tier have certified their results.
Tenney is obviously eager to put the election behind her, releasing a statement saying "I'm honored to have won this race. It was a hard-fought campaign and I thank Anthony Brindisi for his service. Now that every legal vote has been counted, it's time for the results to be certified. The voters need a voice in Congress, and I look forward to getting to work on behalf of New York's 22nd Congressional District."
The decision comes nearly 100 days after the November election and more than a month since the new Congress was sworn in, leaving the 22nd District unrepresented during crucial votes, such as the second impeachment of former President Donald Trump.
Two years ago, the race between Brindisi and Tenney was decided by absentee ballots weeks after the election, an indication a close rematch was probable, but Tenney was able to overcome a Siena College poll in October that had Brindisi up by 9 points.
Tenney will return to Capitol Hill for the first time as a member of the minority, as Democrats retained their control of the House of Representatives.
Brindisi also released a statement later Friday.
"I am shocked and surprised by this decision because of the countless errors and discrepancies that have occurred throughout this initial count," he said. "I believe a full audit and hand recount is the only way to resolve this race. With the margin so thin, the ever changing tally, and the countless errors that have occurred arriving at today’s final number we can’t afford to wonder here. We have to get it right. Because this is not a raffle, this is a congressional election. The law that took effect January 1 says we should abide by hand counts whenever the margin is 0.5% or less — it’s even closer right now. Let’s follow that rule, get this right for our constituents and count all the 325,000-plus votes. It’s shocking, right now, no one knows who actually won this race. My opponent and I deserve true clarity.”