Since December 19th
Ulster County Board of Elections officials have been hand counting over
53,000 ballots cast in November’s district attorney election. The
recount, mandated by
the narrow 77-vote win by Democrat Dave Clegg, could have been waived
by his opponent, GOP candidate Michael Kavanaugh, who instead chose to
proceed with the taxpayer-funded recount, citing his obligation to
voters to “permit the legal process to play out.”
Fair enough. His hopes for winning depend on an unlikely glaring error
in the November count or on rejecting ballots that have stray or
irregular markings. (Voters: did your marking pen accidentally touch
the ballot and leave a scratchy line somewhere?
Too bad.) To date, a recount of nearly half of the votes has turned up
a reported net one possible vote for Kavanaugh.
As
the current chief assistant district attorney, Kavanaugh will assume
the DA title—and presumably the salary—and command of the office on
January 1. If the recount confirms Clegg’s win, Kavanaugh
will step down and allow the transition to the Democrat’s
administration, a transition that is now held in abeyance by the
recount.
Or
will he step down? Kavanaugh’s team has suggested that an appeal of
the judge’s rulings on absentee and affidavit ballots—a judge both sides
approved—could be launched, extending his tenure
in the DA office. His legal costs would come from his pocket, or
perhaps more likely, from GOP committee coffers.
Kavanaugh
can’t claim that an appeal is mandated or demanded by voters, who can
ask: what or who would be satisfied by a Hail Mary attempt to reverse
what is no doubt a difficult loss? Kavanaugh
has served Ulster County residents for years. What decisions will he
make to serve their interests now?
Publishing history:
Daily Freeman 12/30/19
Hudson Valley One 1/1/20
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