Defeated write-ins want ballots impounded

Two unsuccessful write-in candidates for Village of Kings Point trustee seats took legal action to preserve 130 ballots that election inspectors disqualified in the June 21 vote.

All of the ballots in question -- representing 30 percent of the 432 cast in the contentious election -- contained write-in votes for either Mojgan Sasson or David Schifter or both, two late challengers to incumbent trustees Peter Aron and Ron Horowitz, the village clerk said.

Schifter and Sasson filed a motion in State Supreme Court in Mineola Thursday to impound the ballots, so that they are preserved, in case the pair decides to contest the election results.

The village was served with the motion Friday.

Norman A. Kaplan, attorney for the write-in challengers, said the move to impound was made to secure the ballots in case his clients decide to challenge the election results, even though the addition of the disputed votes wouldn't change the election outcome.

Village Clerk Gomie Persaud said the disqualified ballots weren't counted because they were considered defective, primarily because residents wrote two names in one slot, invalidating the vote.

"This was nothing that was done under any kind of conspiracy," said Persaud, who recently replaced retiring clerk Louis DiDomenico.

The official election tally was 226 votes for Horowitz, 222 for Aron, 58 for Sasson and 29 for Schifter, Persaud said.

"Even if you counted all the votes, the same two people would win," village counsel Stephen Limmer said.

Sasson, a real estate attorney in Great Neck, said the problems with disqualifying ballots made her "feel sympathy to [former vice president and unsuccessful presidential candidate] Al Gore after this election. The irregularities and the procedural hurdles were mind-boggling to me."

The motion also claims the idea of a secret ballot was essentially voided when people had to leave the voting booth to ask for help in casting a write-in vote.

"This took away from the secrecy of the procedure," Sasson said.

The parties are due in court Wednesday before Justice Randy Sue Marber.