The motion was filed by Schuyler County Attorney Steven Getman on behalf of the Board of Elections. According to the court papers, Danks Burke did not follow New York law to obtain jurisdiction and the lawsuit must be dismissed.
The motion papers also state that further proceedings would allege the election count was done in accordance with New York law and was decided on unanimous agreement of both election commissioners: Republican Joseph Fazzary and Democrat Carolyn Elkins.
Danks Burke, in statements to the press, had singled out Fazzary for her complaint.
The case is currently scheduled to be heard in Schuyler County Supreme Court on Monday (November 16), with NYS Justice Christopher Baker presiding.
“Schuyler County is committed to full, fair and open elections,” Getman said. “Both our election commissioners, Republican and Democrat, work tirelessly to ensure that all proceedings are open and transparent.”
Danks Burke was the Democratic Party candidate for state senate in the 58th district. Unofficial results showed her trailing the Republican incumbent, Tom O’ Mara.
A complete copy of Schuyler County’s motion to dismiss can be found here.
