The Fighting 29th

All about New York's 29th Congressional District

This was taken today. I think Eric Massa is standing behind the top railing next to a woman in a red, but this is the biggest picture I could find and it's still pretty small.

A witness at today's Yates ballot count said the count was Massa 346, Kuhl 326, with about 2/3 of the votes counted. Yates went for Kuhl by 93 votes on election night, so this cut Kuhl's lead a bit.

The Star-Gazette reports that Massa's going to orientation in DC this week.

Roll Call speculates on defeated Republicans' job prospects, including Randy Kuhl's.

The Corning Leader reports on the Kuhl FEC fine that Exile reported on Tuesday.

Over at the Messenger-Post, Julie Sherwood has a story on Massa's recent meeting with Health Care for America Now.

The Messenger-Post, WETM, and Finger Lake Times, among others, have vote count reports. They all seem to agree that Massa is ahead by around 5,700 votes, with roughtly 6,000 left to count. I haven't seen a statement from the Kuhl campaign in the last couple of days.

Jill Terreri at the D&C has a few more details on yesterday's Monroe vote count. Money quote:

Massa, of Corning, Steuben County, is now about 5,700 votes ahead of Kuhl, with fewer than 6,000 absentee ballots remaining to be counted in other counties. The process of counting affidavit and absentee ballots in other counties is expected to begin Monday.

Sean Carroll at 13-WHAM has tonight's count. After almost half of the district's absentee ballots have been counted, Massa's lead is up to 5,740. Kuhl is still not conceding.

The Star-Gazette is reporting that the Kuhl and Massa campaigns have agreed to let votes be counted "as they would in any other race".

A re-canvass of machines has not altered the vote count, and Monroe will count absentee ballots this afternoon.

The man accused of stealing Kuhl, McCain and Cub Scout signs in Victor has been charged with fifth-degree possession of stolen property, which is a misdemeanor. According to the Democrat & Chronicle, his sign haul was worth $43.20. He's out on his own recognizance.

Reader Elmer sends today's Corning Leader story documenting yesterday's reversal of the convictions of five protesters who occupied Randy Kuhl's Bath office in August, 2007. Money quote:

[Judge Marianne] Furfure ruled Kuhl’s office was the public office of an elected official with no signs or public access restrictions. In addition, the trespass did not meet the standard for the misdemeanor charges because it did not occur in an area “fenced or otherwise enclosed ... to exclude intruders,” she said.

Attorney Ray Schlather, the legal advisor for the protesters, said the push by the county District Attorney’s office to make the offense “a fingerprintable crime” showed a lack of judgment and allowed the protesters to turn the charges into political theater.

“This should never gone before a jury,” Schlather said. “That lack of good judgment effectively played into the protesters’ hands.”

Readers might recall that a similar protest at Kuhl's Fairport office was defused when a clever policeman invited the protesters outside and locked the door behind them. If the Bath PD and Steuben County prosecutor had exercised the same good judgment, Steuben County taxpayers would have been spared the tens of thousands of dollars it cost to litigate this innocuous little sit-in.

Sean Carroll of 13-WHAM sent over the court order [pdf] governing the re-canvass of voting machines and canvass of absentee ballots. Here are some highlights:

• Absentee ballot counts start in Monroe County today. Counts start in other counties on the 17th.
• Re-canvass of voting machines will be attended by representatives of both campaigns, as well as representatives from the Board of Elections.
• Absentee ballots in other counties may be organized prior to Monday's count. I assume this means that the counts will go quickly once they start. Syracuse News 10 reports that Chemung and Steuben Counties will start organizing ballots today.
• "The campaigns are not to send rabid, bitter, untrained, unsophisticated partisans to participate in this process."

Since the counts start in Monroe today, if absentee ballots in Monroe are overwhelmingly cast for Massa, it's possible that Kuhl might concede to the inevitable today. In 2006, Massa conceded before all the absentee ballots were counted.

Update: Reader Pystew says Yates will be done by Monday, also.