Judge to decide on disputed Brookhaven ballots

A State Supreme Court judge said Monday she will rule today on disputed ballots in an unresolved Brookhaven Town council race.

Justice Carol MacKenzie said she would fax her decisions to attorneys for Democratic incumbent Connie Kepert and Republican challenger Michael A. Loguercio Jr. Remaining ballots are expected to be counted at Board of Elections headquarters in Yaphank Tuesday after MacKenzie reveals her decisions.

Loguercio led Kepert by 16 votes in unofficial tallies.

On the third day of a hearing Monday in Central Islip, Republican attorney John Ciampoli told MacKenzie she should throw out ballots that were filled out incorrectly, even for relatively minor errors.

“That small vote that is cast fraudulently cancels out yours and mine,” Ciampoli said.
Democratic attorneys countered that voters should not be disenfranchised because of small mistakes. “Ballots should be counted wherever possible,” attorney James Matthews said.

MacKenzie also may rule on disputed ballots in the Suffolk County Sixth District Court race between Democrat Chris A. Kelley and Conservative Party candidate Barbara Lynaugh. Kelley led by 22 votes.

Lynaugh’s attorney, Lee Snead, said MacKenzie’s decisions in the council race may help him decide “whether it will be fruitful to move forward” with challenges to votes in the court race.