Monroe County Election 2021: Why did the Republicans sue, what it means and what's next?

There has been a burst of partisan hand wringing of late over Monroe County's yet-to-be decided Nov. 2 general election races.

Multiple contests remain close, with absentee and affidavit ballots still to be counted Monday.

Of particular interest are a handful a judgeships, the Irondequoit town supervisor race, a couple of seats on the Hamlin town council and three seats in the Monroe County Legislature. The latter is possibly the most contentious, with margins in the dozens of votes and majority control at stake.

More:5 takeaways from the 2021 Monroe County elections

After Election Day last week, Monroe County Republicans filed requests for everything from ballot applications and return envelopes to voting machine information and poll books.

Democrats asked the Board of Elections for some of that data as well but, alarmed at the effort they saw being mounted by the opposing party, called a news conference and issued a statement charging that Republicans were "attempting to disenfranchise voters and have legal ballots tossed."

This week, Republicans sued — naming both the Democrat and Republican-appointed elections commissioners, and claiming they were denied access to inspect records "necessary to ensure a fair election." They asked a judge to intervene.

Here's what you need to know:

Why did the GOP sue?

The lawsuit asks a judge to effectively referee the final counting of ballots and of the election results. And to pause the deadlines.

Republicans say they only got access to the signature records on Monday, same as the ballot envelopes. It's not clear this is any different than in past years. The deadline, then, for raising objections to these yet-to-be-tabulated ballots — on issues such as residency or whether signatures match the voter registration cards — was 5 p.m. Wednesday.

The county had received 7,663 absentees as of Wednesday and had 743 affidavit ballots.

That might be more than pre-pandemic years but is far less than the more than 100,000 returned in last year's general election. Regardless, it's a lot to review in 72 hours, they say.

What's next?

There was a court hearing on Friday, and state Supreme Court Justice J. Scott Odorisi declined to intervene — for now.

A court notice was filed essentially stating that the objection was raised prematurely, but that the matter would remain open in the event specific challenges arise after ballots are counted Monday. 

Why the hullabaloo?

Some on the left see this as a local rendition of the national spectacle created over the 2020 presidential election, where baseless claims of a rigged election and phony ballots perpetuate a year later.

But the Republican's lawyer Daniel Strollo of Rochester insists that is not the case. 

"We are not looking to run roughshod over these absentee ballots," Strollo said. "We just want a reasonable opportunity to participate in this review. Right now we are not getting that."

The lawsuit makes no claim of fraud. Instead, it is about process. Whether that process violates state election law — the lawsuit asserts that it does, though there might be a misunderstanding over what has occurred, to date. And if proper procedures are being followed — with the lawsuit suggesting shortcuts might be taken, but offering no evidence of an attempt to do so.

Ultimately, just two objections were filed by the Wednesday deadline.

Both were brought by Republicans but not by those who are party to the lawsuit, and involving ballots cast in Pittsford.

Contact reporter Brian Sharp at bdsharp@gannett.com or at 585-258-2275. Follow him on Twitter @sharproc. This coverage is only possible with support from our readers.