Bishop's lead in congressional race grows to 259

Rep. Tim Bishop's lead inched ahead to 259 votes Wednesday over Republican Randy Altschuler as a Suffolk judge for the first time weighed in on the race.

State Supreme Court Justice Peter H. Mayer, who was shown a demonstration of how the new voting machines work on his tour of Board of Elections headquarters in Yaphank Wednesday, ordered 161 emergency ballots to be counted because there was no evidence the ballots were fraudulent.

Altschuler's attorney, Vincent Messina, had argued the ballots were "unreliable."

Bishop (D-Southampton) also gained ground as each side dismissed 80 of the approximately 1,800 challenges to absentee ballots that have yet to be counted.

Bishop spokesman Jon Schneider said he hopes Altschuler sees "the reality of the situation."

"At some point you've got to say to yourself, 'Can I honestly win all the challenges I need to win and can I honestly pick up the votes I need to win?' " Schneider said. "Otherwise, what are we doing here?"

Altschuler spokesman Rob Ryan said the Bishop campaign seems "very anxious to close the door on those ballots that are being challenged on the basis of their residence. I wonder what they're worried about?"

Altschuler's attorneys have challenged far more absentee ballots than have Bishop's, the campaigns said. Of Altschuler's 1,160 challenges remaining, about 600 are challenges to the voter's residency, 180 question the validity of the signature on the absentee ballot, 80 question the condition of the absentee ballot's envelope and about 60 of the ballots were returned unsigned. The remaining challenges fall into miscellaneous categories, the campaigns said.

Mayer ordered the two sides to work "as quickly as possible" and instructed them to take up non-residency issues starting Thursday.

Meanwhile, in Nassau, Mineola Mayor Jack Martins moved closer to clinching the state Senate seat held by Democrat Craig Johnson of Port Washington, who trails by 450 votes, when a judge ruled against counting 49 affidavit ballots submitted by the Democrats.

"People who are properly registered but canceled by mistake should have their votes counted," Johnson's lawyer, Steven Schlesinger, said during a state Supreme Court hearing in Mineola.

Attorneys on both sides of the State Senate race had said all but 113 of 288 ballots just entered into the fray this week were invalid for a variety of reasons. Democrats said the 49 they submitted to the court Wednesday, should be counted.

Senate GOP spokesman Scott Reif said Johnson should "do the right thing" and concede. Senate Democratic spokesman Austin Shafran responded by calling for a full hand recount.

With Rick Brand