Northampton candidate sues, seeking recount
Groff claims ‘irregularities’ in election for town supervisorBy 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.
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repunzel
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11-29-09 12:13 AM
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The people of Northampton have spoken. Time to concede and move on.
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bubbasdad
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11-25-09 7:34 PM
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If it were not for that imposter I'll bet Poulin would have won
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bubbasdad
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11-25-09 7:32 PM
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Malicious. Not at all. Really a nice guy. I like him a lot. Do I want him asa supervisor. absolutely not
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pasr24
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11-24-09 9:39 PM
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I realize that the Leader Herald is trying to sell papers but leading with the headline "Candidate sues" seems a little sensational to me when that is the process required by NYS election law. I guess "requesting a recount" does not cause such a stir although that is the case and the fact that a NYS Supreme Court Justice felt it was warranted has also been lost by most uninformed people. I realize that many people see this process as just another forum to complain (including Groff's opponents) instead of the thorough system of checks and balances that each candidate is entitled to (and I'm sure would be utilizing had they been on the losing end.) I would think Mrs. Kemper would welcome the opportunity to prove she has won fair and square especially after her numerous complaints about the voting process the day after the election and the rumors of questionable events that were present during Election 2009.
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kayleigh2
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11-24-09 7:06 PM
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I really wish that people would stick to the facts when they comment in this section. I think its sad when they make comments about people they don't even know. Its amazing to me how many people vote in this country that don't know anything about either candidate.
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Discobulous
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11-24-09 6:42 PM
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Groff has become gruff. When people in small towns are willing to enrich lawyers for such negledgible power it seems a little foolish. Most people i know who voted against him tell me they did so because they don't like something he wants to do with an old barn site...? Maybe you know what it was about. The only real power around here is National Grid. None of them are real prizes but apparently a lot of people voted back the current supervisor because of what she wouldn't do. Smart.
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nogf09
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11-24-09 6:36 PM
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Anyone who knows Mr. Groff knows that he is not a malicious person, nor is he making accusations about the Board of Elections in a malicious attempt to get things to "go his way". If Kemper were in the opposite position she would be asking for a recount as well. In order to get a recount you have to file paperwork with an attorney. This is the legal process, though Mr. Poulin seems to think it's illegal. Maybe people should try reading NYS Election Law. The people who should be scared are the people that voted for someone like Kemper who think that the legal process is malicious and ridiculous. If Kemper believes the election is legit, she shouldn't be concerned and attacking the character of her opponent.
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kayleigh2
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11-24-09 6:21 PM
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As quoted from a Leader Herald article after the election, "Kemper said she had major problems with the new optical-scanning voting machines that replaced lever-style machines throughout the county this year. She said she feels the machines were not properly checked before the election, and said many people told her they would never vote again because of frustrating experiences they had at the polls." Its obvious Mrs. Kemper felt there were some issues with the voting in this election. Its kind of funny how she has changed her mind since it is in her favor. I think a recount is reasonable.
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Sammer2478
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11-24-09 6:13 PM
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I believe that Mr. Groff has the right to see if it was truly a free election, free of fraud or error. Its important in any free society to make sure that elections have integrity. I don't think that Mr. Groff is throwing accusations around like the opponent states in this article, rather he is just stating that there were obvious problems in Fulton County on election night. If anything this will scare only the ones who should be scared.
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Adirondackal
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11-24-09 4:56 PM
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What the hillary is wrong with candidates for office in Fulton County that cannot run for office without enriching attorneys? First the Gloversville debacle and now this. If their purpose is to scare more people away from participating in the political process, it's working.
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