Did Hoffman Really Win NY-23?
Recanvassing shows NY-23 race tightens even as Rep. Bill Owens is sworn into House seat
By Mark Weiner / The Post-Standard
November 12, 2009, 6:02AM
Washington — Conservative Doug Hoffman conceded the race in the 23rd Congressional District last week after receiving two pieces of grim news for his campaign: He was down 5,335 votes with 93 percent of the vote counted on election night, and he had barely won his stronghold in Oswego County.
As it turns out, neither was true.
But Hoffman’s concession — based on snafus in Oswego County and elsewhere that left his vote undercounted — set off a chain of events that echoed all the way to Washington, D.C., and helped secure passage of a historic health care reform bill.
Democratic Rep. Bill Owens was quickly sworn into office on Friday, a day before the rare weekend vote in the House of Representatives. His support sealed his party’s narrow victory on the health care legislation.
Now a recanvassing in the 11-county district shows that Owens’ lead has narrowed to 3,026 votes over Hoffman, 66,698 to 63,672, according to the latest unofficial results from the state Board of Elections.
In Oswego County, where Hoffman was reported to lead by only 500 votes with 93 percent of the vote counted election night, inspectors found Hoffman actually won by 1,748 votes — 12,748 to 11,000.
The new vote totals mean the race will be decided by absentee ballots, of which about 10,200 were distributed, said John Conklin, communications director for the state Board of Elections.
Under a new law in New York that extended deadlines, military and overseas ballots received by this coming Monday (and postmarked by Nov. 2) will be counted. Standard absentee ballots had to be returned this past Monday.
Conklin said the state sent a letter to the House Clerk last week explaining that no winner had been determined in the 23rd District, and therefore the state had not certified the election. But the letter noted that Owens still led by about 3,000 votes, and that the special election was not contested — two factors that legally allowed House Speaker Nancy Pelosi to swear in Owens on Friday.
“We sent a letter to the clerk laying out the totals,” Conklin said. “The key is that Hoffman conceded, which means the race is not contested. However, all ballots will be counted, and if the result changes, Owens will have to be removed.”
Before Owens was sworn in Friday, Rep. John Garamendi, a Democrat who won a special election in California, was sworn in Thursday. The two gave Pelosi the votes she needed to reach a majority of 218 and pass the historic health care reform legislation in the House.
The bill passed 220-215 late Saturday with the support of only one Republican. The Republican, Rep. Anh “Joseph” Cao of Louisiana, said he voted for the legislation only after seeing that Democrats had the 218 votes needed for passage.
Now Hoffman, who campaigned against the health care reform bill, is carefully watching as the 23rd District race tightens and he is left to wonder if he conceded too soon.
“I don’t know if we would have conceded on election night,” Rob Ryan, Hoffman’s campaign spokesman, said Wednesday while discussing the latest results of the recanvassing. “I’m someone who doesn’t like to look back. But would we have taken longer to make a decision on election night? Probably, if we knew it was only 3,000 votes making the difference.”
Ryan, while acknowledging that Hoffman’s chances of pulling off a come-from-behind victory are still remote, said the campaign is looking at its legal options.
“We’re basically watching and waiting,” Ryan said. “We’ve been looking very closely at the recanvass. We’re going to see how this week shapes up, and then we’re going to determine what to do.”
Ryan said an important factor in the decision to concede was the unexpected — and erroneous — close vote in Oswego County, where polls had Hoffman with a double digit percentage point lead heading into Election Day.
“That’s the thing that threw us off,” Ryan said.
Oswego County elections officials blame the mistakes on “chaos” in their call-in center that included a phone system foul-up and inspectors who read numbers incorrectly when phoning in results. Of 245 races in the county — not including the congressional and court races — 84 had incorrect totals reported election night.
In the congressional race, more votes were cast in Oswego County than any other in the 11-county district.
