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Testimony continues in Brookhaven ballot dispute

A judge is deciding on dozens of disputed

A judge is deciding on dozens of disputed ballots from a Brookhaven Town council race between Democratic incumbent Connie Kepert and Republican challenger Michael A. Loguercio Jr. Credit: Newsday File

A Brookhaven ballot dispute hearing continued into its third day on Monday in State Supreme Court in Central Islip, with testimony from Suffolk Board of Election employees.

The election workers -- two Democrats and one Republican -- gave conflicting testimony about a ballot that Republican attorneys say should be thrown out. GOP lawyers say election officials may have mishandled the ballot.

Democratic election workers said the absentee ballot had been properly time-stamped with an electronic wanding device when it was received. The Republican worker said the ballot appeared to lack a time stamp.

Democratic attorney James Matthews accused Republican lawyer Steven Losquadro of suggesting there was a "conspiracy" by Democrats to improperly cast the ballot.

"You're suggesting some fraudulent behavior occurred," Matthews said in court, referring to Losquadro. "It is an outrage."

Justice Carol MacKenzie said Losquadro was not alleging fraud, and she refused to consider Matthews' objections to Losquadro's questions.

MacKenzie is deciding on dozens of disputed ballots from a Brookhaven Town Council race between Democratic incumbent Connie Kepert and Republican challenger Michael A. Loguercio Jr., and a 6th District Court judge race between Democrat Chris A. Kelley and Conservative Party candidate Barbara Lynaugh, who received Republican backing.

Loguercio led Kepert by 16 votes, and Kelley had a 22-vote lead over Lynaugh.

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