By MICHAEL ANICH, The Leader-Herald
NORTHAMPTON - Northville Mayor James Groff is suing the Fulton County Board of Elections and his two opponents in the town supervisor race because he wants a recount after losing by 12 votes.
Gloversville attorney Heidi A. Gifford filed a lawsuit Monday in state Supreme Court on behalf of Groff.
Incumbent Republican Northampton Supervisor Linda Kemper won re-election Nov. 3 over Groff by 12 votes. She had 449 votes and Groff had 437 votes, the Board of Elections said today. Trailing in third place was Guy Poulin with 17 votes. The Board of Elections certified the vote results last week.
An order to show cause signed by state Supreme Court Justice Richard T. Aulisi says an explanation of the vote process must be given to Groff in court at 11:45 a.m. Dec. 4.
Gifford had filed a petition with the court requesting an examination and inspection of votes filed in the race. That inspection is scheduled to take place 10 a.m. Dec. 3 at the Board of Elections office on Route 29.
The petition filed by Gifford states: "There were malfunctions with the voting machines in the town of Northampton, which were caused by a computer-related problem. This problem may have [affected] the results in this election ..."
The court papers also claim there were "numerous irregularities" with ballots.
Aulisi ordered that ballots and voting machines from Northampton in the general election be impounded and examined.
"We just feel the voters in the town of Northampton deserve to know that the results of the election are accurate," Gifford said Monday.
Kemper today called the legal action "ridiculous" and said she's not surprised Groff's campaign would do it.
"I think the allegations against the Board of Elections and the allegations against me are just malicious," the supervisor said. "They want all those ballots counted until it goes their way ... Move on."
Poulin said he was puzzled by the legal action, especially in that it names him as a defendant.
"I just don't know why I'm getting [a subpoena]," Poulin said Monday. "It's not necessary. I don't even think it's legal. The vote's been certified."
Michael Anich covers Johnstown and Fulton County news. He can be reached by e-mail at johnstown@leaderherald.com.