Port Chester tries to compel county to run its election for six trustees

It was the day after Thanksgiving and the courthouse was the only entity of Westchester County government that was open. Judge Robert Ondrovic was presiding with a bulkily bandaged arm due to a mishap related to installing Christmas decorations on Thanksgiving. He was waiting for a call from the radiologist to find out whether it was broken.

He was hearing the case of the Village of Port Chester vs. the Westchester County Board of Elections.

Port Chester wants to compel the Westchester County Board of Elections to run their cumulative voting election for six trustees in March 2025, said Albany-based attorney Paul Der Ohannesian on behalf of the Village.

Westchester County runs the elections of all other villages within its boundaries, but Port Chester is the only one that uses cumulative voting.

“Why should I compel based on an informal opinion?” asked the judge, who then joked that he couldn’t fit his robe on because of his bandaged arm.

“They are not compelled to run the election because the Village uses cumulative voting,” Der Ohannesian said. “Cumulative voting is not against the election law.” He said Article 17 of the John Lewis Voting Rights Act of New York must be looked at. He explained that cumulative voting was being used to address a voting rights violation.

“If they are saying they can’t run the election, they are saying a municipality can’t use an alternative form of voting,” said Port Chester’s attorney. “The legislature has provided for cumulative voting in the state.”

“The county is not saying they can’t run the election, but they don’t want to,” he added.

“Are you saying the Village can’t run the election?” the judge asked.

The Board of Elections has not refused, Senior Assistant County Attorney Francesca Mountain said. She added that the BOE had conducted the Port Chester mayoral election in 2023.

“We can run it, but we rely on the state to certify the machines,” Mountain said. “We would need the state involved. That is out of our control. We would need state approval.”

The judge asked how much time each side would need to present their case.

Der Ohannesian said the Village would call one or two witnesses.

Mountain wondered whether she would be able to get the state to appear.   

“These machines as is can do it,” Port Chester’s attorney said. “All they need to do is reprogram them.”

“Paper ballots can always be used,” he added.

“I may want an election law expert,” Mountain said.

The judge advised that he would set up his virtual evidence room and everything had to be uploaded by the attorneys 10 days in advance of their next court appearance.

“I don’t work with paper,” Judge Ondrovic said. “I read everything and memorize it.”

The trial was scheduled to start on Wednesday, Jan. 8 at 9:30 a.m. in Room 1201 on the 12^th floor of the County Courthouse, and it could extend to the 9^th and 10^th, as needed. Live testimony will be given on the 8^th.