# 2009 New York's 20th congressional district special election

Elections in New York State :
Federal government
Presidential elections
1792
1796
1800
1804
1808
1812
1816
1820
1824
1828
1832
1836
1840
1844
1848
1852
1856
1860
1864
1868
1872
1876
1880
1884
1888
1892
1896
1900
1904
1908
1912
1916
1920
1924
1928
1932
1936
1940
1944
1948
1952
1956
1960
1964
1968
1972
1976
1980
1984
1988
1992
1996
2000
Dem
2004
Dem
2008
Dem
GOP
2012
2016
Dem
GOP
2020
Dem
2024
Dem
GOP
U.S. Senate
1789
1791
1795
1796 sp
1797
Jan 1798 sp
Aug 1798 sp
Apr 1800 sp
Nov 1800 sp
1801
1802 sp
1803
Feb 1804 sp
Nov 1804 sp
1807
1809
1813
1815
1819–20
1821
1825–26
1827
1829 sp
1831
1833
1833 sp
1837
1839–40
1843
1845 sp
1849
1851
1855
1857
1861
1863
1867
1869
1873
1875
1879
1881
1881 sp
1885
1887
1891
1893
1897
1899
1903
1905
1909
1911
1914
1916
1920
1922
1926
1928
1932
1934
1938
1938 sp
1940
1944
1946
1949 sp
1950
1952
1956
1958
1962
1964
1968
1970
1974
1976
1980
1982
1986
1988
1992
1994
1998
2000
2004
2006
2010
2010 sp
2012
2016
2018
2022
2024
U.S. House
1789
1790
1791
1st sp
1793
1794
1796
1798
1799
1st sp
1800
1801
5th sp
1801
6th sp
1802
1803
6th sp
1803
7th sp
1804
1st sp
2nd and 3rd sp
1805
2nd and 3rd sp
1806
1808
12th sp
1810
2nd sp
1812
6th sp
1813
15th sp
1813
2nd sp
1814
1815
6th sp
1815
12th sp
1816
20th sp
21st sp
1817
4th sp
1818
1821
6th sp
1821
9th sp
1822
1823
28th sp
1824
1826
1827
29th sp
1828
5th sp
1830
6th sp
20th sp
1832
1834
1836
17th sp
30th sp
1838
1840
1841
26th May sp
26th Nov sp
1842
1844
1846
12th sp
1848
1850
1852
1854
12th sp
1856
1858
1859
4th sp
1860
31st sp
1862
1863
14th sp
1864
1866
1868
1870
1872
1874
1876
1878
1879
12th sp
1880
32nd sp
1881
9th sp
11th sp
22nd sp
1881
27th sp
1882
1884
1885
8th sp
1886
15th sp
1888
1889
6th sp
9th sp
27th sp
1890
1891
2nd sp
10th sp
1891
12th sp
22nd sp
1892
1894
14th sp
15th sp
1895
10th sp
1896
1897
3rd sp
1898
1899
34th sp
1900
1902
26th sp
1904
12th sp
1906
8th sp
1908
3rd sp
1910
1912
26th sp
1913
13th sp
20th sp
1914
1915
31st sp
1916
1917
15th sp
1918
7th sp
8th sp
21st sp
22nd sp
1920
14th sp
26th sp
1922
1923
11th sp
16th sp
19th sp
24th sp
32nd sp
1924
1926
1927
35th sp
1928
32nd sp
1929
21st sp
1930
18th sp
1931
7th sp
9th sp
1932
1933
34th sp
1934
1935
2nd sp
22nd sp
1936
1937
27th sp
17th sp
25th sp
1938
1939
34th sp
1940
14th sp
22nd sp
31st sp
1941
14th sp
17th sp
1942
1944
4th sp
11th sp
21st sp
1946
19th sp
1947
14th sp
1948
24th sp
1949
7th sp
10th sp
20th sp
1950
1952
5th sp
32nd sp
1954
1956
22nd sp
1958
1959
43rd sp
1960
23rd sp
1962
6th sp
1964
1966
17th sp
1968
13th sp
1970
1972
1974
1976
1978
18th sp
21st sp
1980
1982
1983
7th sp
1984
1986
6th sp
1988
1990
14th sp
18th sp
1992
17th sp
1994
1996
1997
13th sp
1998
6th sp
2000
2002
2004
2006
2008
2009
20th sp
23rd sp
2010
29th sp
2011
9th sp
26th sp
2012
2014
2015
11th sp
2016
2018
14th
25th sp
2020
22nd
27th sp
2022
19th sp
23rd sp
2024
3rd sp
26th sp
2025
21st sp :
State government
New York gubernatorial elections
1777
1780
1783
1786
1789
1792
1795
1798
1801
1804
1807
1810
1813
1816
1817
1820
1822
1824
1826
1828
1830
1832
1834
1836
1838
1840
1842
1844
1846
1848
1850
1852
1854
1856
1858
1860
1862
1864
1866
1868
1870
1872
1874
1876
1879
1882
1885
1888
1891
1894
1896
1898
1900
1902
1904
1906
1908
1910
1912
1914
1916
1918
1920
1922
1924
1926
1928
1930
1932
1934
1936
1938
1942
1946
1950
1954
1958
1962
1966
1970
1974
1978
1982
1986
1990
1994
1998
2002
2006
2010
2014
2018
2022
Attorney General elections
1982
1986
1990
1994
1998
2002
2006
2010
2014
2018
2022
State Comptroller elections
1986
1990
1994
1998
2002
2006
2010
2014
2018
2022
State Senate elections
2008
2010
2012
2014
2016
2018
2020
2022
2024
State Assembly elections
99th district, 2006
2008
2016
2018
2020
2022
2024
State elections by year
1811-LtGSE
1844
1846
1847-JSE
1847
1848
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
1859
1860
1861
1862
1863
1864
1865
1866
1867
1868
1869
1870
1870–JSE
1871
1872
1873
1874
1875
1876
1877
1878
1879
1880
1881
1882
1883
1884
1885
1886
1887
1888
1889
1890
1891
1892
1893
1894
1895
1896
1897
1898
1900
1902
1903
1904
1906
1907
1908
1910
1912
1913
1914
1916
1917
1918
1919
1920
1921
1922
1923
1924
1926
1927
1928
1930
1932
1933
1934
1936
1937
1938
1939
1940
1942
1943
1944
1946
1949
1950
1952
1953
1954
1956
1958
1959
1960
1962
1963
1964
1965
1966
1967
1968
1969
1970
1972
1973
1974
2002
2006
2008
2009
2010
2012
2016
2018
2020
2021
2022
2024 :
New York City
Mayoral elections
Pre-consolidation:
1850
1854
1856
1857
1886
1888
1890
1892
1894
Post-consolidation:
1897
1901
1903
1905
1909
1913
1917
1921
1925
1929
1932
1933
1937
1941
1945
1950
1953
1957
1961
1965
1969
1973
1977
1981
1985
1989
1993
1997
2001
2005
2009
2013
2017
2021
2025
City Council elections
Pre-consolidation:
1808
Post-consolidation:
1897
1899
1901
1903
1905
1907
1909
1911
1913
1915
1917
1919
1921
1923
1925
1927
1929
1931
1933
1935
1937
1939
1941
1943
1945
1949
1953
1957
1961
1965
1969
1973
1977
1981
1985
1989
1993
1997
2001
2005
2009
2013
2017
2021
2023
Public Advocate elections
1897
1901
1905
1909
1913
1917
1921
1925
1929
1933
1937
1941
1945
1949
1953
1957
1961
1965
1969
1973
1977
1981
1985
1989
1993
1997
2001
2005
2009
2013
2017
2019 (special)
2019
2021
Comptroller elections
1897
1901
1905
1909
1913
1917
1921
1925
1929
1933
1937
1941
1945
1949
1953
1957
1961
1965
1969
1973
1977
1981
1985
1989
1993
1997
2001
2005
2009
2013
2017
2021
2025
Borough president elections
1897
1901
1905
1909
1913
1917
1921
1925
1929
1933
1937
1941
1945
1949
1953
1957
1961
1965
1969
1973
1977
1981
1985
1989
1993
1997
2001
2005
2009
2013
2017
2021
2025
The Bronx
Brooklyn
Manhattan
Queens
Staten Island :
Albany
Mayoral elections
2005
2009
2013
2017
2021 :
Buffalo
Mayoral elections
1881
1977
1981
1985
1989
1993
1997
2001
2005
2009
2013
2017
2021
2025 :
Rochester
Mayoral elections
1997
2001
2005
2009
2011 sp
2013
2017
2021 :
Syracuse
Mayoral elections
2009
2013
2017
2021 :
vte :
On March 31, 2009, New York held a special election to fill a vacancy in its 20th congressional district. In January, the district's representative, Kirsten Gillibrand, was appointed US senator from New York, replacing Hillary Clinton, who had been appointed Secretary of State in the Obama administration. The two major-party candidates were Scott Murphy, a Democrat and private businessman, and Jim Tedisco, a Republican and the minority leader of the New York State Assembly. A Libertarian candidate, Eric Sundwall, was initially included in the race, but later removed from the ballot.
The 20th congressional district has historically been conservative, and early polls favored Tedisco, but by February 2009 the race was considered a toss-up. The Republican Party considered the election to be a referendum on President Obama's economic policy and as such, injected significant funding into Tedisco's campaign, using well-known Republicans such as former Speaker of the House Newt Gingrich, Congressional Minority Leader John Boehner, and former New York governor George Pataki for support. Democrats used Senator Gillibrand, Vice President Joe Biden, and an endorsement from President Obama to support the Murphy campaign.
Major issues brought up during the campaign were the candidates' positions on President Obama's stimulus plan, which Tedisco did not take a stance on until late in the race. Murphy supported it while Tedisco eventually opposed it. Tedisco portrayed Murphy's support of the plan as a potential cause of the AIG bonus scandal. Tedisco's campaign also brought up Murphy's failure to pay taxes on a company he founded in the 1990s. A frequent Murphy talking point was that Tedisco's primary residence was not in the Congressional district.
The race was so close that one early vote count had the candidates tied at 77,225 votes each. Absentee ballots decided the election; ballots were accepted until April 13. While Tedisco had been ahead in early counts, by April 10 Murphy was leading, and by April 23 Murphy had a 401-vote advantage. Tedisco conceded the race the following day, and Murphy was sworn in on April 29. Democratic electoral successes in November 2008 and Murphy's clear support of the stimulus package were credited for his success.

## Background

New York's 20th congressional district in 2009 encompassed all or part of Columbia, Dutchess, Delaware, Essex, Greene, Otsego, Rensselaer, Saratoga, Warren, and Washington counties. Traditionally conservative, it had been considered a safe seat for Republicans until Blue Dog Democrat Kirsten Gillibrand defeated incumbent John E. Sweeney in the 2006 election. In November 2008, the Republican Party held an enrollment advantage of 70,632 registered voters across the district, down from a 93,337-voter advantage when the district lines were drawn by the New York State Legislature in 2002. Although Republican George W. Bush carried the district by an eight-point margin in the 2004 presidential election, Democrat Barack Obama won the district in 2008 by a three-point margin, or approximately 10,000 votes of over 330,000 cast. Gillibrand was reelected in 2008 by 24 points, a fourfold increase over her 2006 margin.
One of Barack Obama's first decisions as president-elect was to appoint Hillary Clinton, U.S. Senator from New York and former Democratic presidential primary opponent, as Secretary of State; Clinton resigned her Senate seat to take the position. The district's seat became vacant in January 2009 when Governor David Paterson appointed Gillibrand to the United States Senate to replace Clinton. On February 23, 2009, Governor Paterson issued a proclamation setting the date for the special election as March 31, 2009. Under state law, Paterson was not required to issue a proclamation for a special election until July 2010. Both the Rothenberg Political Report and the Cook Political Report listed the race as a toss-up.

## Candidates

In lieu of party primaries, the party nominees were chosen by a weighted vote among the county committees. The weight of the vote depended on the population of registered party voters (Republican or Democrat) in a given county.

### Republican Party

State Senator Betty Little and former state Assembly minority leader and 2006 Republican gubernatorial candidate John Faso had been in the running for the Republican nomination. Richard Wager, a former aide to New York City Mayor Michael Bloomberg, and State Senator Stephen Saland had also been mentioned. Alexander "Sandy" Treadwell, the former New York Secretary of State and 2008 U.S. House challenger, had announced he would not run. On January 24, State Assembly Minority Leader Jim Tedisco received the endorsement of Saratoga County's Republican chairman, while the Greene County GOP endorsed Faso.
Jim Tedisco was the eventual Republican nominee, winning the GOP nomination on January 27, 2009. Tedisco represented the 110th Assembly District, which includes a significant portion of Saratoga County. Tedisco's primary residence was not in the congressional district, although he did own a house in Saratoga Springs and much of his assembly district overlapped the congressional district. This issue would become a major talking point during the campaign.

### Democratic Party

On January 31, The Post-Star reported that the Democrats had narrowed the field of potential candidates from over two dozen applicants down to six. The Democratic chairpersons met with all six candidates at a diner in Albany on February 1, and selected Scott Murphy of Glens Falls, president of the Upstate Venture Association of New York, as their candidate. Other confirmed candidates included Saratoga County Democratic Chairman Larry Bulman, former New York Rangers goaltender Mike Richter, Coxsackie Town Supervisor Alex Betke, and Tracey Brooks, failed candidate for the nomination for the 21st district election in 2008.

### Third parties

New York allows electoral fusion, which is an arrangement allowing two or more qualified parties to list the same candidate on a ballot. The Conservative Party chose to cross-endorse Tedisco on February 9, while the Working Families Party gave its endorsement to Murphy on February 17. On March 1, the Independence Party, the largest third party in the 20th district, gave its endorsement to Murphy. This was the first time the Independence Party had endorsed a Democrat in the district.
Eric Sundwall, Chair of the New York Libertarian Party, was the Libertarian candidate for the seat. However, he was removed from the ballot on March 25, after 3,786 of the 6,730 signatures his campaign had collected were ruled invalid. Under state election law, independent congressional candidates must collect at least 3,500 valid signatures to be on the ballot. Two Saratoga County residents challenged over 6,000 of Sundwall's signatures; Sundwall blamed Tedisco for the effort to have him removed from the ballot. The vast majority of the rejected signatures were from voters who put down their mailing address instead of the municipality in which they physically lived. Votes for Sundwall on absentee ballots, which were mailed out before he was removed from the ballot, were voided. On March 27, Sundwall announced that he would vote for Murphy in the election and urged his supporters to join him.

## Campaign

The campaigns agreed to hold four debates. The first debate took place on March 2, between Tedisco and Murphy. The second debate, sponsored by WMHT and the Times Union, took place on March 19 between Murphy and Libertarian candidate Eric Sundwall. Jim Tedisco held a town hall meeting rather than attend, claiming the debate was not one of the four originally agreed upon. The third debate took place on March 23 and the final debate was on March 26.
Strategists from both parties viewed the outcome of the race as a "referendum on President Obama's handling of the economy". Chairman Michael Steele of the Republican National Committee said the special election was the first of three elections that were "incredibly important" for the Republicans to win. The Republican leadership made this race a top priority, and Chairman Steele, former Governor George Pataki, House Minority Leader John Boehner, and former Speaker of the House Newt Gingrich helped Tedisco with fundraising. Steele visited the district twice. On the Democratic side, Senator Gillibrand appeared in commercials and robocalls for Murphy, and Senator Chuck Schumer helped Murphy's campaign with fundraising. Less than a week before the election, President Obama formally endorsed Murphy in a mass email to supporters and urged supporters to organize and vote for Murphy. A radio ad Vice President Joe Biden recorded for Murphy was released on March 25. That same day, Democratic National Committee (DNC) Chairman Tim Kaine emailed 500 of the party's top donors asking them to contribute to Murphy's campaign.
The RNC spent $100,000 on Tedisco's behalf. The Democratic Congressional Campaign Committee spent $150,000 and the Service Employees International Union spent $315,000 for Murphy. The New York State United Teachers made an effort to call its members on Murphy's behalf, while the National Right to Life, National Republican Trust and New York State Rifle and Pistol Association organizations paid for ads and mailings supporting Tedisco.
Each candidate aimed to discredit the other by pointing out his opponent's flaws or mistakes. Republicans called attention to Murphy's failure to pay taxes on a start-up computer software company he had founded in the 1990s, drawing comparison to three high-profile Obama administration nominees who failed to pay all of their taxes. Tedisco also called attention to Murphy's failure to regularly vote in elections after the National Republican Congressional Committee (NRCC) announced that Murphy had failed to vote in the 2000 presidential election, along with seven other primaries and general elections between 2000 and 2003. Believing the negative ads run by the NRCC were responsible for his drop in the polls, Tedisco announced that he would take control of campaign advertising from the NRCC.
Murphy spent the first months of the campaign criticizing Tedisco's early refusal to disclose his position on President Obama's American Recovery and Reinvestment Act. When Tedisco came out in opposition to the legislation on March 16, Murphy responded by writing "it's just shameful it took well over a month for Assemblyman Tedisco to finally admit that he'd vote 'No'". Murphy's campaign described Tedisco as a career Albany politician.
By mid-March, a provision in the stimulus package that grandfathered in bonuses paid to executives at troubled insurance giant AIG and other TARP recipients became a campaign issue. Tedisco, who had been criticized by Murphy for opposing the package, used the outrage over the AIG bonuses to reframe the debate. On March 19, Tedisco called for the resignation of Treasury Secretary Tim Geithner over the AIG controversy. Murphy responded by insisting that the stimulus package was necessary for job creation.

### Media endorsements

* March 22, 2009: Declaring "the upcoming special election in the 20th Congressional District nothing less than a referendum on the Obama economic stimulus plan", the Kingston-based Daily Freeman endorsed Murphy for his support of the plan.
* March 22, 2009: Expressing a desire for "having candid, dissenting voices in any political body to keep the majority from going astray", the Poughkeepsie Journal endorsed Tedisco.
* March 26, 2009: Calling him "[not] ideal... [but] the better candidate", the Glens Falls-based The Chronicle gave Jim Tedisco its endorsement.
* March 26, 2009: The New York Post gave its support to Jim Tedisco, calling him "a far better fit for the largely conservative district".
* March 29, 2009: While acknowledging Tedisco's role in creating the STAR Program and his vocal support for a property tax cap, The Times Union endorsed Murphy as "a candidate who would work with Mr. Obama to achieve his goals".
* March 29, 2009: Citing the need for "an experienced, effective representative in Congress", The Post-Star endorsed Tedisco.
* March 29, 2009: Impressed by his "public service, experience and political philosophy", as well has his opposition to a union card check bill, The Saratogian endorsed Tedisco.
* March 29, 2009: Claiming that "Tedisco has the track record that will make him a solid check and balance in Washington", the Troy Record endorsed Tedisco.

### Polling

| Poll source | Date administered | Scott Murphy (D) | Jim Tedisco (R) | Eric Sundwall (L) |
| Siena Research Institute | March 25–26 | 47% | 43% | 2% |
| Siena Research Institute | March 9–10 | 41% | 45% | 1% |
| Benenson Strategy Group$^‡$ | February 24–25 | 37% | 44% | 4% |
| Siena Research Institute | February 18–19 | 34% | 46% | — |
| Public Opinion Strategies$^†$ | February 3–4 | 29% | 50% | — |
$^†$ Commissioned by Tedisco's campaign and the NRCC $^‡$ Commissioned by the DCCC

## Election

With 100 percent of precincts reporting, initial counts from the election had Murphy leading by about 60 votes out of over 150,000 cast. Columbia County's Board of Elections amended its tally the following day, reducing Murphy's lead to 25 votes. The lead alternated between the two candidates throughout early recanvassing; at one point the New York State Board of Elections had listed the election at a zero-vote margin, with each candidate having exactly 77,225 votes. By April 2, Tedisco was ahead by 12 votes. He resigned the position of Assembly Minority Leader on April 5 in preparation for a transition to Congress, and was replaced by Brian Kolb the following day. On April 7, Tedisco was ahead by 97 votes. The close tally meant that absentee ballots would decide the race.
All ballots, absentee ballot envelopes, and voting machines were impounded under a court injunction sought by state Republicans. Under the court order, absentee ballots were counted in central locations rather than individual precincts. Of the 10,000 absentee ballots sent out to voters, 6,000 were returned. Absentee ballots mailed within the United States had to be received by April 7 to be counted. The deadline for overseas (including military) ballots was extended to April 13 after the United States Department of Justice sued the state to ensure they would have a reasonable chance of being counted. Counting of the absentee ballots due by April 7 began on April 8 under a New York State Supreme Court ruling sought by Murphy's campaign.
The legality of about 600 absentee ballots were contested during the count, including Senator Gillibrand's ballot. By April 23, Murphy was ahead by 401 votes, and Tedisco conceded the following day. Murphy was sworn in on April 29. The official results came out in May and had Murphy winning the election with 80,833 votes (50.23%) against Tedisco's 80,107 votes (49.77%).
Unofficial results :
| Date | Scott Murphy | Jim Tedisco | Difference |
| April 3 | 77,225 | 77,225 | 0 |
| April 6 | 76,817 | 76,914 | 97 |
| April 7 | 77,017 | 77,034 | 17 |
| April 8 | 77,018 | 77,035 | 17 |
| April 9 | 76,992 | 77,060 | 68 |
| April 10 | 77,773 | 77,727 | 46 |
| April 13 | 77,907 | 77,882 | 25 |
| April 14 | 77,982 | 77,935 | 47 |
| April 15 | 79,105 | 79,019 | 86 |
| April 16 | 79,452 | 79,274 | 178 |
| April 17 | 79,839 | 79,566 | 273 |
| April 23 | 80,368 | 79,967 | 401 |
Official breakdown by county :
| County | Scott Murphy | Jim Tedisco |
| Columbia | 9,161 | 6,852 |
| Delaware | 3,506 | 3,509 |
| Dutchess | 10,019 | 9,304 |
| Essex | 1,375 | 1,101 |
| Greene | 4,607 | 5,724 |
| Otsego | 1,084 | 1,147 |
| Rensselaer | 7,837 | 8,293 |
| Saratoga | 26,290 | 31,066 |
| Warren | 9,323 | 7,298 |
| Washington | 7,631 | 5,813 |
2009 NY-20 special congressional election :
| Party | Party | Candidate | Votes | % |
| | Democratic | Scott Murphy | 70,240 | |
| | Independence | Scott Murphy | 6,754 | |
| | Working Families | Scott Murphy | 3,839 | |
| | Total | Scott Murphy | 80,833 | 50.23 |
| | Republican | Jim Tedisco | 68,775 | |
| | Conservative | Jim Tedisco | 11,332 | |
| | Total | Jim Tedisco | 80,107 | 49.77 |
| Majority | Majority | Majority | 726 | |
| Turnout | Turnout | Turnout | 160,940 | |
| | Democratic hold | Democratic hold | Swing | −11.9 |

## Aftermath

Murphy's victory was credited to a coattail effect from Barack Obama's election in 2008. His support of the stimulus package and Tedisco's failed attempt at clearly explaining his (Tedisco's) opposition to the package also had an impact. Further explanations for the Republican defeat ranged from accusations that Tedisco "dither[ed] on the stimulus bill", to intimations that Tedisco only became his party's nominee by manipulating the selection process. In an editorial, the Wall Street Journal contended that being an "Albany careerist" and running confusing campaign ads had hurt Tedisco. Tedisco's loss immediately made him appear vulnerable to Democrats hoping to capture his seat in the Assembly.
The day after being sworn in, Murphy hired Todd Schulte, his campaign manager, as his new chief of staff. He also hired one of Governor Paterson's aides, Maggie McKeon, as his communications director. For his district director, Murphy turned to Rob Scholz, a Republican. Scholz had worked on Murphy's campaign and had received praise from Larry Bulman, the chairman of the Saratoga County Democratic Committee. Within a month of being elected, Murphy opened offices in Saratoga Springs and Hudson. Murphy served the remainder of his term, but lost a reelection bid on November 2, 2010, to challenger Chris Gibson, a retired Army colonel.