FOR IMMEDIATE RELEASE
Observers Report Brooklyn Board of Elections Mixing Copies of Ballots with Actual Ballots After Defying Court Order in Tight State Senate Primary
NEW YORK, July 15, 2026 —Election observers watching the ballot sorting for the recount of New York’s State Senate 22nd District Republican primary say that, on Tuesday, copies of ballots were intermingled with actual ballots at the Voting Machine Facility where preparations for a close primary race were taking place. On July 2nd, during the audit that preceded the hand count, observers reported that the Brooklyn Board of Elections (BOE) prevented them from viewing ballot handling even after a New York State Supreme Court judge ordered the BOE to allow observers to stand “four feet away from where the ballots are being counted.”
Observers at the recount preparations say they documented violations of both state law and election best practices. The BOE employee who was intermingling copies of ballots with actual ballots was working alone without the legally required partner of the opposite party. Black pens that are used to fill out the ballots were seen on 7 of the 10 tables where ballots were being sorted. Multiple ballot boxes were missing seals and seals were located in the garbage, being thrown away, instead of preserved, which is customary, and in some cases legally required for materials related to an election.
The NY State Senate 22nd District race drew attention after unofficial election-night results shifted as ballots were counted. With about 75% of the votes reported, Vaiselberg led by 75 votes. As additional ballots were tabulated, the margin narrowed before unofficial results showed his opponent, Carl Caller, leading 513 votes to 506.
The recount is scheduled to begin Wednesday at 10am. Seven votes separate the race between Republican candidates Bernard Vaiselberg and Carl Caller. Section 9-208 of the New York Election Law requires a full hand recount when the margin of victory is 20 votes or fewer. Parties are scheduled to be back before New York State Supreme Court Justice Peter P. Sweeney on Thursday.
Justice Peter P. Sweeney issued the ruling regarding four-foot observation access on July 1 during a hearing initiated by candidate Bernard Vaiselberg’s attorney, Jimmy Wagner. Wagner asked the court to order the BOE to produce election records, including digital ballot images, and requested assurances that a full manual recount would be conducted because of the race’s seven-vote margin. Wagner also cited photographs he said showed bags of ballots left overnight in an unsecured hallway and argued that observers were unable to adequately monitor the ongoing audit.
One of the observers, Lulu Friesdat, executive director and co-founder of SMART Elections, testified that observers at the Brooklyn BOE audit had repeatedly been required to watch procedures from behind a chain-link barrier approximately 8 to 13 feet away. According to the court transcript, Friesdat testified that she could neither see nor hear most of what was taking place.
On July 2, the day after the hearing, observers returned to the audit at the Brooklyn Voting Machine Warehouse, with a copy of Judge Sweeney’s July 1 order. According to observer reports and photographs, ballot review continued behind a chain-link barrier approximately 13 feet away. Observers said the distance prevented them from reading ballots or meaningfully observing the count, despite the court’s directive that observers be allowed to stand within four feet of the ballots being counted.
Observer Michael Hano wrote in a July 2 observation report that BOE staff remained “very uncooperative” despite the court order and that staff repeatedly told observers there was “no reason” they needed to see the ballots. “We cannot see any of the printed info on papers,” his report states.
On July 10th, Friesdat reported that the Brooklyn BOE Chief Clerk Salvatore Barrera denied her access to observe the hand count preparations, telling her that neither her observer certificate from the 22nd State Senate District nor an observer certificate issued by a state comptroller candidate whose race appeared on every ballot statewide authorized her to observe. She was then escorted from the facility by security.
At the July 1 hearing, Justice Sweeney also questioned Friesdat about her observations during a November 2025 post-election audit. According to the court transcript, Friesdat testified that election workers copied vote totals from ES&S machine paperwork rather than conducting the legally-required manual hand count. Friesdat testified, “I watched them completely fake a hand-count audit. Instead of counting the ballots by hand, they were copying the results from the ES&S machine paperwork.”
SMART Elections said it has raised its concerns through court filings, observer reports, and public statements during the recount proceedings.
“Our elections are the foundation of our democracy,” Vaiselberg said. “Every legal vote must be counted accurately, every procedure must be followed, and every candidate and voter deserves confidence in the integrity of the process.”
SMART Elections is a non-partisan organization dedicated to transforming U.S. elections by expanding public oversight, improving security, and advocating for fair, accessible voting. Our mission is to ensure that elections are transparent, have high participation, and inspire public confidence.
Media Contact
Lulu Friesdat
Executive Director & Co-Founder
SMART Elections
Legal Contact
Jimmy Wagner, Esq.
Attorney for Bernard Vaiselberg
2055 Flatbush Ave.
Brooklyn, NY 11234
Case Information
New York State Supreme Court
Index No. 523785/2026
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