Monday’s Newburgh Town Board meeting was cancelled because of a disputed seat that a Democrat, Mary Lou Carolan, is scrambling to take back after she says the seat was taken from her.
It all started during the November election last year for two board seats in the town of Newburgh. Mary McLymore won her seat decisively, becoming the first Democratic woman of color ever to win a board seat in the town of about 30,000 people.
Democrat Mary Lou Carolan came in second in the race, initially winning her seat by fewer than 20 votes over the incumbent Republican Paul Ruggiero.
“It's been 40 years since a Democrat has been on the town board, and there have never been Democratic women. So, this was a remarkable victory, and we were thrilled,” said Carolan.
Carolan said her win triggered an automatic manual recount, according to New York Election Law. The back and forth was fierce, said Zak Constantine, head of the Orange County Democratic Committee.
“They brought attorneys to scrutinize each ballot as it was shown to spectators, and then maliciously objected to ballots that were for Democratic candidates,” said Constantine.
The Orange County Board of Elections certified Carolan as the winner in December - by just two votes, according to her attorney Michael Treybich.
Ruggiero brought a legal challenge shortly after to have some of the ballots dismissed. He said he felt it was the right decision.
“There were ballots that were in question on both sides. And I just figured I want a judge to look at this and have an insight of it too. And that's how we ended up where we were. It wasn't nothing done maliciously, just to basically make sure the vote count was correct,” said Ruggiero.
Carolan said that’s led to ongoing issues with her service on the Town Board.
“I took my seat at the table, which I had earned, and the voters were counting on me to be there, but they would not. The town would not honor my attendance or take my vote at that meeting,” said Carolan.
Then, in late March, Orange County Supreme Court Judge Sherri Eisenpress, ruled in favor of Paul Ruggiero, determining that 14 of Carolan’s votes were invalid, making Ruggiero the winner.
Carolan said on April 27th, the town supervisor revoked her email, pay, and health insurance, but she said the supervisor does not have the power to do so.
Newburgh Supervisor Gil Piquario declined to comment.
On Monday, the entire ordeal was cast into more confusion as a state appellate court reversed some of Judge Eisenpress’s decisions on some the ballots.
Specifically, a ballot with an “x” mark for Carolan was deemed invalid. But, a ballot with an “I voted” sticker, one with a tear mark, and one with a marking inside the voting square were all restored.
This could mean Carolan could retake the seat from Ruggiero, but the Orange County Board of Elections still has to decide how to implement that decision. They could decide that as soon as Tuesday.
Ruggiero, a council member of 12 years, said he’s hoping the decision lands in his favor.
“I want to put this all behind me. And I want to, you know, just move forward. And you know, whatever happened with this election happened. It was all for good reasons,” said Ruggiero.
Carolan is ready to take back her seat. “I wanted to be a voice for the for the town, and Democrat or Republican, and I had lots of Republicans voting for me because they want a change and so that's what I was to bring,” Carolan said.
Constantine said he hopes voters make sure their ballots are nice and neat. “Just ask for a fresh ballot. Don't write anything on the ballot. Don't write words on the ballot, don't, you know, put a silly, silly thing in the wrong place,” said Constantine.
Attorney Michael Treybich put it more candidly, “This actually reminds me of an old election lawyer’s prayer. It goes like this: God, please let the winners win, let the losers lose, just don't let it be close.”
