Justice Department, Oneida County BOE reach deal in NY-22 voting rights lawsuit

The U.S. Department of Justice has reached an agreement with the Oneida County Board of Elections over a voting rights lawsuit that included issues with registrations and provisional ballots in the tightly contested 2020 race for New York's 22nd Congressional District.

According to the terms of the agreement announced Monday by the department, the county BOE will develop and implement policies and procedures to ensure that election officials review and process all timely submitted voter registration applications in accordance with the National Voter Registration Act.

The board will also train all poll officials and other election personnel regarding the provisional balloting requirements of the Help America Vote Act.

The board will also have to provide periodic reports to the Justice Department regarding compliance with the proposed agreement.

Problems with the 22nd Congressional District race between Democratic Rep. Anthony Brindisi and Republican Claudia Tenney surfaced during a three-month legal battle over ballots. The Justice Department review confirmed Oneida County failed to process at least 2,400 voter registration applications that had been submitted in time for the election through the state Department of Motor Vehicles. The review also found county election officials improperly rejected hundreds of affidavit ballots submitted at polling sites.

State Supreme Court Justice Scott DelConte ruled in February that Tenney defeated Brindisi by just 109 votes in the nation’s last undecided congressional race.

"We will continue using critical federal voting rights laws to help ensure that eligible voters enjoy access to the ballot box," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. "The National Voter Registration Act requires states to ensure that voter registration applications submitted before the deadline for federal elections are timely processed, and that qualified voters are promptly included on voter rolls for federal elections. The Help America Voter Act ensures that registered voters who have been left off voting lists can cast provisional ballots that will be promptly verified and counted if the voters are found to be eligible. I am pleased that the Oneida County Board of Elections has worked with the Department of Justice and agreed to measures that will protect these vital rights and establish safeguards to ensure compliance with the law in future federal elections."

The Oneida County BOE commissioners resigned in the wake of the prolonged court battle over ballots.

The Associated Press contributed to this report.