What’s this? Jim Tedisco (R) is asking the court to declare him the winner in New York’s 20th Congressional District? How is that, particularly when he now trails his opponent, Scott Murphy (D), in the recount?
In fact, this item has been pretty badly misinterpreted, although it’s really quite understandable. The real explanation is mired in a nearly incomprehensible legal swamp. I’m not sure that I understand it completely, either, but I will try my best to explain, based on the explanation given me by Tedisco’s counsel, Jim Walsh.
There are two issues to understand here, Walsh said. First of all, this new filing is not different from the one made immediately after the election — both actually ask the court to declare Tedisco the winner. (They also both ask the court to review the canvassing and impound ballots.) The reason is that this relief has to be requested up-front for the court to consider it later. If Tedisco prevails, he has to have asked to be declared the winner in advance if he actually wants the court to declare him the winner.
The second issue: Why this new filing? Walsh feared that Murphy’s lawyers would try to have the original lawsuit thrown out of court on a technicality — namely, lack of standing, because the petitioner in that lawsuit is state GOP Chairman Joe Mondello. This new lawsuit, in which Tedisco himself is the petitioner, serves as a backup in case that happens, so that the case is still before the court. And the backup lawsuit had to be filed now, Walsh told me, because the statute of limitations will run out next Tuesday.
It’s all rather opaque, but the point, Walsh said, is this: Tedisco is not asking them to stop counting votes and declare him the winner by acclamation. Rather, we’re witnessing some cautious lawyering designed to prevent having the case thrown out of court.