Doug Hoffman conceded defeat on election night after being told that he was down by more than 5,300 votes with 93% of the vote counted, and that he had nearly lost his own stronghold of Oswego County. His concession allowed Bill Owens to be sworn in as Representative of the 23rd District in New York–and after breaking four of his campaign promises within the first hour of being sworn in, Bill Owens gave Nancy Pelosi the vote she needed to pass her Health Care Bill the following day.
The problem is…Bill Owens might not have won the 23rd District Congressional seat after all.
Both of the things that Doug Hoffman was told on election night turn out not to have been true. A “snafu” by officials in Oswego county and elsewhere caused Hoffman’s vote to be under-reported. He actually won Oswego County by 1,748 votes — 12,748 to Owens’ 11,000. District-wide, Owens lead over Hoffman has now shrunk to 3.026 votes, not 5,300. And the race is going to be decided by 10,200 absentee ballots, many from the military, that remain to be counted.
NY-23 is the home of Fort Drum and the Army’s 10th Mountain Division, by the way.
That’s right. The race in NY-23 is not official yet. Doug Hoffman very well may have won.
If the absentee ballots show that Hoffman actually won, then Bill Owens will be removed from office and Hoffman will be sworn in.
And what about the Health Care vote?
The vote is over. The fact that Hoffman conceded based on false information given to him means that the election was uncontested. Legally, there was no bar to Owens being sworn in. The vote stands.
But if Hoffman had not been given that false information…Nancy Pelosi would have lacked at least two votes in the final balloting on Saturday. Two votes because Rep. Cao, the lone GOP Representative voting in favor of the bill indicated that he only voted for it when it became obvious it was going to pass. Take away those two votes, and the tally on the Health Care bill would have been 218-217.
And with it that close, and every single vote mattering as THE vote that would have passed the bill, it is quite possible that one or two more of the handful of “Blue Dog” Democrats who voted “yes,” would have voted “no” instead.
But while no one can know for sure what might have been, and nothing can be done to change what has already happened, one thing is certain. The next time Health Care comes up in the House, there is a very good chance that Bill Owens will not be voting on the issue.

When the vote is finalized and certified...
penguin2 Thursday, November 12th at 2:55PM EST (link)The bragging rights on the race will shift from the Dems, no matter the outcome. It will be hard for them to spin a 1-2% win. OTOH, if Hoffman pulls it out, we will hardly be able to keep our joy contained and I would expect to see bold, red lettering in the post from Erick.
Better to not get our expectations up, but nothing wrong with hope….
Resistance to tyrants is obedience to God.
Benjamin Franklin
Harry Turtledoveing NY-23 and the health-care bill.
Third Street Thursday, November 12th at 3:19PM EST (link)What if Hoffman hadn’t conceded and the seat was left vacant pending the final outcome?
Would another, different Dem have caved and voted for the healthcare bill, or would the final tally have been 219?
If the final tally had been 219, would the spineless, quivering Joseph Cao have voted “yea”?
If he hadn’t, and the Dems had exactly 218, would no “Blue Dog” have wanted to be responsible for making that 218th vote possible, leaving the bill one vote shy of passage?
Would Pelosi even have HELD a vote?
You just have to wonder.
Calling Cao "spineless"and "quivering" really seems uncalled for.
malbis Thursday, November 12th at 10:43PM EST (link)Rep. Cao, as I mentioned above, said that he only decided to vote for the bill after it became apparent that it was going to pass without his vote. And considering that he is a Republican in a very heavily Democratic district in Louisiana — and is a solid vote against Cap and Trade and against the “stimulus”bills–I’m perfectly willing to give him a pass on voting yes on Health Care after it was a foregone conclusion. And I’m willing to accept his word that if his vote would have been vote number 218, he would have voted against it.
I’d much rather have him as Rep. there than his predecessor, “Refrigerator” William J. Jefferson.
And, also as I pointed out in what I wrote above, “it is quite possible that one or two more of the handful of “Blue Dog” Democrats who voted “yes,” would have voted “no” instead,”if their vote would have been number 218 Glad you agree.
Yes yes yes, I've heard it before.
Third Street Friday, November 13th at 2:19AM EST (link)And I don’t buy it. I live two districts away from Cao and I can guarantee you, he’s gone next year. Blacks were going to vote for the black candidate in any event (probably Cedric Richmond), but now Republicans in the 2nd won’t want to vote for Cao. And I don’t blame them at all.
Cao isn’t “solid” on anything. He wavered all over the place on cap-’n-trade before finally voting against it, and I have no confidence in what he might do if the bill moves forward.
And now the Democrats are using him to claim “bipartisan” cover on the health bill. We could have had a united Republican front if not for this jerk.
I was thrilled when Cao knocked Jefferson off, but if this is the price of having a GOP congressman in New Orleans then it’s too high a price to pay. Looking forward to being rid of him.
Cao
jakob29 Friday, November 13th at 10:14AM EST (link)Rep. Cao needs to be given a break considering his circumstances.