Bishop, Altschuler Enter Court, No Progress Made; Petition For Recount Expected "Within Days"

While representatives of incumbent Rep. Tim Bishop, D - Southampton, were , attorneys from both sides were "unable to work something out" on Tuesday afternoon, according to a lawyer representing Bishop. While Bishop's camp is asking for a hand recount of 181,000 ballots cast in the Nov. 2 election, Republican challenger Randy Altschuler has decided to let the process run its course, as allowed by state law.

The call for a hand count came originally last week after a recanvasss by the Board of Elections that Bishop unofficial 3,461-vote lead over Republican challenger Randy Altschuler had evaporated into a 392-vote deficit.

At Suffolk County Supreme Court on Tuesday, lawyers representing Bishop, Altschuler, and the Board of Elections met in the chambers of Hon. Peter H. Mayer for approximately 45 minutes. Altschuler's attorney, Vincent Messina, declined to comment after the meeting was over, while Bishop's representatives stated the need for a hand recount would not change the results of last Tuesday's election. Military absentee ballots have until Nov. 24 to arrive at the BOE, giving enough time for a full recount, said Thomas Garry, one of Bishop's lawyers. He estimates a hand recount would take 10 days.

"The system keeps the paper ballots on hand for a reason," Garry said. "For a situation exactly like this ... I don't understand Mr. Messina's position as it comes to why he would not consent to a hand count. It's the simplest form. The legislature intended to have a paper trail. We have that paper trail. Why we wouldn't choose to count the paper so there is no posturing. It's a very simple process. It may be somewhat time-consuming, but it is not insurmountable."

According to Chris Sautter, another attorney representing Bishop, Altschuler's side had sent "mixed signals" about its position on a hand count and would not show its hand until Tuesday's meeting.

A procedure as described per the Board of Elections allows for an audit of voting machines to take place before a hand count is required, said Rob Ryan, senior communications manager for Altschuler.

The are found within the first audit, which checks three percent of voting machines, a second audit takes place. If errors are found in the second audit, a third audit takes place, checking 12 percent of machines, Ryan said. After Monday, the first day of auditing voting machines, two voting machines had been audited. Forty three must be checked before the first audit is complete.

That process, Ryan said, deserves to be respected.

"There is no indication - nobody has said anywhere along the line - that the voting machines lack integrity," Ryan said Tuesday evening. "The Bishop campaign is trying to force a full hand recount, essentially circumventing the process laid out by law. There just isn't any basis for a hand recount at this point."

Garry said that a formal petition from Bishop to request a hand count would come "within days."

In a similar situation, incumbent Assemblyman Marc Alessi, D - Shoreham, . He is expected back in court next Monday to determine if that will be granted as an audit of voting machines continues.