Brown Urges Court To Direct Hand Recount Of All Ballots Or Order New Primary Vote Against Hennessy

In a lawsuit filed Monday afternoon, City Councilman Marcus Brown, down one vote following a recount in which he started with an election-night, five-vote lead against incumbent State Rep. Jack Hennessy, is requesting a hand recount of all the votes tabulated in the August 9 Democratic primary or in lieu of that an order for a new election.

Despite acknowledging nine votes mysteriously missing in the recanvassing, election officials certified a one-vote win for Hennessy. See Brown complaint here.

Brown attorney John Kennelly, who specializes in election complaints, has named Hennessy, chief moderator James Mullen, Democratic Registrar Patricia Howard, Town Clerk Don Clemons and state election office among the defendants.

The looming question: what happened to the nine votes counted election night but not during the recanvassing? Election officials surmise the ballots were secured in an improper bag of another district. They were unsure about the legality of searching through bags not associated with the 127th Assembly District.

If the judge approves the request, a hand count of more than 1,100 votes will ensue if all the ballots can be located. The certified vote is Hennessy 566, Brown 565. Brown won the walk-in vote handily. Hennessy’s absentee ballot operation eclipsed Brown by nearly two to one.

A court hearing has been scheduled for Friday afternoon.

From the complaint:

Brown issued this statement after last week’s recount:

We are very disappointed to hear about the major recount issues and irregularities today with respect to the primary for State Representative for the 127th District. Today, the Head Moderator certified a result, based on the ballots and information they had available, that was a shocking 20 votes different from what was reported by the Registrar of Voters to the Secretary of State on Primary Day. Furthermore, election officials and observers in the room publicly acknowledge that 9 absentee ballots that were cast and counted by Primary Day are now mysteriously missing. After searching for them for a good part of the day, the unfortunate decision was to certify the incomplete results of this election.

The newly certified number, which is 20 votes less than what was reported last Tuesday, yielded a net loss of six votes for Brown, which is an extremely unlikely outcome in a recount of just over a thousand votes cast. But as questionable as that outcome may be, election officials acknowledge that the actual result of this election–with a margin of 1 vote that separates the candidates–is in serious doubt as they are unable to explain why there is a 20 vote difference between their counts today and last Tuesday, nor the whereabouts of the 9 missing absentee ballots.



  1. As I said, how to do definitive define that those 9 missing ballots even existed and not just a discount? I still believe a negative has to be proven.

    At any rate, that being said, to piggyback on Lennis’s last post about police abuse. To be fair, this is why Police are being demonized, for the most part, being this man is white it doesn’t get much media play but the principle remains. Shady shit by officers with most likely a shot fuse who has anger aggression issues that they express on others while doing their job. JS

    P.S noticed they calmed down when they realized they were being recorded, probably don’t have body cams.

    P.S JML, as Communications Committee chair of the NAACP why don’t you communicate with the NAACP and people of color in the community that when interacting with the police comply, and if any shady shit happens we, NAACP will establish a defense fund/attorneys office to examine any complaint brought up by the community and review the legality and appropriateness of the interaction, to determine if the action of suit for monetary damage and disciplinary action of police abuse/abuse of power with the court and city. Why wait for the date to be presented just to point your finger and let the data and action come to you with positive action and results for better treatment? JS

    To this woman’s credit, she remained calm compiled, based on Body cam this officer was deemed unprofessional/aggressive, abusive unwarranted, and was forced to resign. Unfortunately, aggression companies aggression. JS People

    I am out of here, try to play nice. 🙂

    1. RT
      What made you do a U-turn as to subject matter? Moving from episodes of voting controversy including a side order of ABs to public safety and NAACP role in listening to public grievances?
      Perhaps it was the three men in blue holding down, thumping, and kicking a human body on concrete? Whether the human, so confined, has skin of any particular color is not easily ascertained from the brief clip. Later stories will fill out the narrative, but why are you questioning the NAACP role? Time will tell.

      1. Questioning? No, no questioning, more of answering. What good are questions without seeking answers? I think/thought any discussion or a seat at the table is to ascertain solutions. My assessment would be a positive resolution where people of color can go when they have such complaints of police abuse, be it cause of abuse of force or power. Relying on the very system to police itself/the department, and internal affairs to address it is not always reliable and fruitful.

        When you go on TV and demand the Mayor fire a “White” officer who returned/reinstated to active duty after 5 years of administration duty for ( anger/aggression) crime of DV, solely based on the assumption/display of what this white officer would do to people of color in the community because of that charge was not only racist in it own right but counterproductive to the reality of people of color being mistreated by racists (anger/aggressive) humans in blue/cops. But that’s politics/humans at play.

        You are correct in, “it’s not so easy to ascertain the color of humans in clips, be them the humans in blue doing the holding, thumping, and kicking or the human being held down, thumped and kicked.

        I am not so sure of the color of the human in blue in the clip who arrested the woman in the park for challenging his authority and refused to sign the ticket. But the clip with the human on the ground being thumped and kicked his shit seemed to kick up and looked white. Besides, generally speaking, I retrieve that clip for the Daily Wire. It’s a conservative/”Republican” online new-ish source. So generally it favors that side. If it was the left/democrat online newish source like the Young Turks. It would generally be of white officers and black arrestees. You don’t to a grocery store looking for furniture. PIVOT, PIVOT, POVIT. 🤣

        Speaking of Turns. No U-Turn, just drive around aimlessly like I always do.

        I depart with the Prophit,

  2. Brown attorney John Kennelly, who specializes in election complaints, is asking the court to make a binary decision (two options): hand recount or new primary.
    The court might reject having their options limited by counsel. The court might think there are three, four, five maybe six options. Their scope is wider.
    The court can always uphold the existing ruling.


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