• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

West Haven Voice

West Haven’s only independent news source - By and For West Haven

  • Home
  • About Us
  • Archive
  • Advertise With Us!
  • Classified
  • Announcements
  • Contact Us
  • Web Exclusive
    • Kids Activity Pages

Cohen mulls court action over absentees

November 10, 2021 By whvoice

The potential of a court battle over the recount, Sunday, is closer to reality with the observations of an attorney, representing Republican Candidate Barry Lee Cohen. Cohen was reviewing absentee ballots for compliance with state law Tuesday morning, and a decision as to whether he will make a court challenge was unclear at press time.

In his report, Attorney Vincent Marino of Marino, Zabel and Schellenberg went through the process, Sunday, and red flagged several areas where he believed the process was defective during the absentee recount. He believes there are major concerns with the ballots and their compliance with state statute.

“Those not returned in compliance with state statute ‘The return of ballots in a manner not substantially in compliance with the statutory mailing requirements will result in their invalidation, regardless of whether there is any proof or indication of fraud.”

His concerns included:

The failure of the town clerk to endorse the ballot with the date, precise time and signature;

The failure of the voter to sign the statement on the inner envelope;

The failure of the voter to place the ballot in the inner envelope.

The report, which included pictures of ballots he believes are not incompliance, alleges that ballots were kept in manilla envelopes with a metal clasp, but no tape to secure them, and no “identifying serial number to ensure that the depository remained unchanged.”

Time and date stamps not appearing on outer envelopes concerned Marino greatly.

“A number of outer envelopes that were not properly endorsed by the town clerk with the date of receipt, the precise time of receipt and his signature. Some of the outer envelopes lacked the date or time of when the ballot was received and most bear the initials of someone, but not the proper signature of the town clerk. It should be noted that the Court has held that a time stamped signature of the clerk substantially complies with the statute” Marino said.

Those concerns included:

The absentee ballot counters used standard Manila envelopes with a metal clasp. There was no tape securing the envelopes, and no identifying serial number to ensure that the depository remained unchanged;

Some of the ballots, Marino believes to be unverified by lack of time and date stamps, no signatures on some ballots and ballots that were questioned were counted after a call to state officials at the Secretary of State’s office.

“A number of ballots lacked the time stamp of the clerk, being different from the rest…According to a witness I interviewed that was present on election night, at around 7:30 p.m. the Democrat registrar walked into the counting room with several new ballots. None of these ballots had any endorsement on them. When advised that the ballots had to be rejected, the registrar responded that she would confer with the CTSOS office. I have no information on whether that conference took place, but around 8:15 p.m., the registrar reappeared stating that the ballots should be counted. Prior to proceeding, one of the counters suggested that the envelopes be endorsed. All agreed and the result is what is depicted in this photo (shown in the report). There is no way to verify the precise time that the ballot was received because at or around 8:30 p.m., the envelope was endorsed, with the date of Nov. 2, a notation of receipt with an initial of someone and a time of 3 p.m.,” Marino said.

He questions, too, about inner envelopes:

“The recanvas of the absentee ballots lasted only about two hours. There were 720 absentee ballots to inspect. The recanvas was supposed to verify that: a. the number of outer and inner envelopes matched, b. each outer envelope was endorsed with the date of receipt, precise time of receipt and signature of the town clerk. c. the inner envelope was signed by the voter 8 d. and against the check list to verify i. postmarks, ii. addresses and iii. check list markings e. and to verify that the number of outer and inner absentee ballot envelopes is the same as the number of persons checked as having voted by absentee ballot. The integrity of all the absentee ballots is brought into question because the statutory process was not followed. The chain of custody cannot be verified which brings the legitimacy of the ballot into question. Ballots which are generated as a result of statutory violations should be invalidated.

At press time it was unclear if Cohen would bring his concerns to Superior Court, but he has until next week to make that decision.

“The voters have a powerful interest in the integrity and accuracy of elections. We shouldn’t expect perfection in the administration of an election, but we are entitled to integrity in the process and a fundamentally fair and honest election,” he said.

Filed Under: 111121, Featured

Primary Sidebar

Seach our site

Follow us on Facebook

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Historian's Corner ... See MoreSee Less

Link thumbnail

Historian’s Corner

westhavenvoice.com

Historian’s Corner February 4, 2026 By whvoice Leave a Comment By Dan Shine Voice Columnist Winter brought skating and hockey A family portrait The Hubbard Farm Part III See part 1 | part 2 Early Li...
1 day ago
View Comments likes Like 0 Comments: 0 Shares: 0
Share
Share on Facebook Share on Twitter Share on Linked In Share by Email

0 CommentsComment on Facebook

Letters ... See MoreSee Less

Link thumbnail

Letters

westhavenvoice.com

Letters February 4, 2026 By whvoice Leave a Comment As we recently celebrate the birth of Dr. Martin Luther King, Jr., I invite your readers to ponder the ways of peace as defined by his words and act...
2 days ago
View Comments likes Like 0 Comments: 0 Shares: 0
Share
Share on Facebook Share on Twitter Share on Linked In Share by Email

0 CommentsComment on Facebook

Editorial ... See MoreSee Less

Link thumbnail

Editorial

westhavenvoice.com

Editorial February 4, 2026 By whvoice Leave a Comment Overall, a very good job! While we are sure there are people who would disagree, we thought we would take a moment to give kudos to Mayor Dorinda ...
2 days ago
View Comments likes Like 0 Comments: 0 Shares: 0
Share
Share on Facebook Share on Twitter Share on Linked In Share by Email

0 CommentsComment on Facebook

Dear Felicia ... See MoreSee Less

Link thumbnail

Dear Felicia

westhavenvoice.com

Dear Felicia February 4, 2026 By whvoice Leave a Comment Howdy do, sweets. It’s been quite something since we last exchanged missives, and there is more to tell you about as we ended January and mov...
2 days ago
View Comments likes Like 0 Comments: 0 Shares: 0
Share
Share on Facebook Share on Twitter Share on Linked In Share by Email

0 CommentsComment on Facebook

Load more

 

 

West Haven’s Calendar

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons
Author Avatar
West Haven Calendar
3 years ago

Thursday Night Live (This one's on Friday!!!)

... See MoreSee Less

Link thumbnail

Thursday Night Live (This one's on Friday!!!)

tockify.com

Fri 23 Jun, 7:00 PM - 9:00 PM [EDT]: Event by Milford Regional Chamber of Commerce, CT Old Grove Park Public · Anyone on or off Facebook West Haven summer concerts are back! Join us in West Haven thi...
View Comments likes Like 0 Comments: 0 Shares: 0
Share
Share on Facebook Share on Twitter Share on Linked In Share by Email

0 CommentsComment on Facebook

Author Avatar
West Haven Calendar
3 years ago

Mark Your West Haven Calendar

tockify.com/west.haven.calendar/detail/442/1686776400000

Business After Hours West Haven Veterans Museum
... See MoreSee Less

Link thumbnail

Business After Hours West Haven Veterans Museum

tockify.com

Wed 14 Jun, 5:00 PM - 7:00 PM [EDT]: Business After Hours West Haven Veterans Museum West Haven Veterans Museum & Learning Center Event by Milford Regional Chamber of Commerce, CT West Haven Veterans ...
View Comments likes Like 0 Comments: 0 Shares: 0
Share
Share on Facebook Share on Twitter Share on Linked In Share by Email

0 CommentsComment on Facebook

Author Avatar
West Haven Calendar
3 years ago

Added for June 10th & 11th

tockify.com/west.haven.calendar/detail/443/1686405600000

West Haven Historical Society Open House
... See MoreSee Less

Link thumbnail

West Haven Historical Society Open House

tockify.com

Sat 10 Jun, 10:00 AM - 3:00 PM [EDT]:
View Comments likes Like 2 Comments: 1 Shares: 0
Share
Share on Facebook Share on Twitter Share on Linked In Share by Email

1 CommentsComment on Facebook

Load more

Footer

Address

West Haven Voice
840 Boston Post Road
West Haven, CT

 

Contact us

Call (203) 934-6397

Contact form

SITE NAVIGATION

HOME
ABOUT US
ARCHIVE
ADVERTISE!
CLASSIFIED
ANNOUNCEMENTS
CONTACT US
WEB EXCLUSIVE

FIND US IN PRINT

Our print edition is available each Thursday. Here is a list of locations!

Letters Policy

Information on submitting letters to us.

Our submission deadlines.

Copyright © 2026 West Haven Voice, LLC