The Ithaca Journal from Ithaca, New York • Page 6

ITHACA JOURNAL Wednesday, Nov. 5, 1980 oaDO sOoOQ 0GftA) PGG Holtzman wont concede AO 11 By JOAN J. CIRILLO Associofed Preu Writer NEW YORK (AP) Rep. Elizabeth Holtzman refused to accept defeat today in her bid for the U.S. Senate and obtained a court order to impound paper ballots she believes will deliver her the election.

"The race remains too close to call and I remain confident," the 39-year-old Democratic congresswoman from Brooklyn declared after obtaining the order around midnight from State Supreme Court Justice Ernst S. Rosenberger. Rosenberger directed election officials to turn over all paper ballots immediately to the nearest police station or county board of elections for a new tally to begin today. Holtzman aides expect to uncover an estimated 100,000 uncounted affidavit ballots which they called "our last hope," along with anunknown number of absentee ballots, some of which are still uncounted. Voters are required to sign affidavits at polling places when they do not have the proper identification to verify their registration.

In an early morning news conference, campaign manager Linda Davidoff said the affidavit ballots were in urban areas which she expects to be Holtzman territory. She said many absentee ballots were likely to be from students, another potential source of Holtzman votes. The counting could take up to 10 days. "We will not concede until every single ballot is counted," a smiling Holtzman told optimistic supporters shortly before 1 a.m. i Her appearance at the Brooklyn Academy of Music was awaited all evening and came only 35 minutes after Republican-Conservative candidate Alfonse D'Amato claimed Democrat Elizabeth Holtzman laces supporters early today, refusing to concede the New York Senate race to Alfonse D'Amato.

Photo by AP Republican Alfonse D'Amato waves to well-wishers at his campaign headquarters in Hempstead Tuesday night. His wife, Penny, is at left. 'Mom knew who I was7 Sen. Jacob Javits, 76, the Republican incumbent forced onto the Liberal Party line when he lost the September GOP primary, conceded defeat hours earlier. Late, returns showed D'Amato leading Holtzman with 45 percent of the vote to her 44 percent while Javits trailed at 11 percent.

"Let me start by saying to you that the only thing I intend to lose in this campaign is my voice," declared Holtzman, hoarse from the laryngitis she developed during the last day of her campaign. The congresswoman reminded her cheering well-wishers that she squeaked to victory by a mere 635 votes in the 1972 campaign for Congress that launched her political career. The four-term representative for ballots from members of the military stationed out of the country, and more than 26,000 had been returned by Election Day. Others who live out of the country might have applied for ballots through their county boards, he said. Under New York law, the local boards are responsible for mailing out the ballots.

Wilkey said the form Suit filed against elections board By KATHARINE SEELYE Gannett News Service HEMPSTEAD, L.I. Alfonse D'Amato proclaimed victory in the U.S. Senate race last night and headed for a private party even before his main opponent, Elizabeth Holtzman, had conceded. "Let's see if I can get a few thoughts across," the state's future senator told 1,000 supporters at the Hempstead Holiday Inn. "My mom always knew who I was," he said, responding to the crowd's mock call of "Al Who! Al Who!" His answer reflected his obscure beginnings in this political campaign and recalled one of his key campaign gimmicks his mother, who appeared on a television ad which was central to his campaign.

"My mom represents all moms," he added. "Al has demonstrated where the Town of Hempstead is from," said Joseph Margiotta, the powerful Nassau County Republican leader. As D'Amato spoke, supporters of D'Amato campaign manager Karl Ottosen said his candidate had not claimed victory prematurely. "We felt all along that we had won," he said. "We weren't paying any attention to whether she conceded or not." D'Amato aides said the Hempstead supervisor won on the issues he campaigned on inflation, defense and family issues conceding that the defense issue was a codeword for humiliation Americans felt they had suffered abroad.

The Republican's handlers also felt that the liberal voting records of Holtzman and incumbent Sen. Jacob K. Javits showed they were "big spenders" in tight economic times. Their own liberal records defeated them as the country shifted to a conservative mood, the D'Amato staffers said. The one specific issue D'Amato himself mentioned in his brief victory speech was an allusion to welfare.

"I don't want these make-work jobs," he said. "I'm looking forward to that kind of reform we have to make." Asked if he was fit to be a U.S. senator, as his opponents had alleged he was not, D'Amato responded, "I wasn't a supervisor before I was a supervisor. Does that mean I shouldn't be a supervisor?" Unlike the Holtzman camp, which claimed to have deployed 30,00 volunteers in getting out the vote, D'Amato said they didn't need to pull out the vote, at least in Nassau County. "The vote was already out," said Helen Skelos, mother of Dean Skelos, who won an Assembly seat last night.

"The registration books were all full." MURQ com Brooklyn Rep. Holtzman said D'Amato would be "eating crow" by morning. With 95 percent in at the time he was speaking, the two were only 1 percent apart. In a rasping voice grated by laryngitis, Holtzman told her supporters at the Brooklyn Academy of Music, "We will not concede until every last ballot is counted." While not conceding, she acknowledged tne difficulties liberals were experiencing at the polls. "In the face of the conservative tide that has swept the country tonight," she said, "it is a tribute to you that we have come this far and that the race is this close." Privately, Holtzman campaign aides said D'Amato "outspent us 3-to-1 in television ads." They also attributed D'Amato's lead to Ronald Reagan's coattails, adding that President Carter had weakened the top of their ticket.

There also was a sense that "the Democrats failed to enunciate the real differences between themselves and Republicans." line and 1,013 votes on the Right to Life line. Riford, 56, who lives in the Town of Aurelius and operates a 300-acre dairy farm, was one of the top GOP candidates. His 21,021 from his home county was exceeded only by 22,463 given to Rep. Gary A. Lee (R-33rd Fleischman, 27, is an accountant, who is between jobs in order to campaign.

This was his first election campaign. Photo by AP kiss from his wife Marion moments defeat Tuesday. Kehoe wins state Senate seat Riford elected to 6th term Photo by AP gained her seat in the largely Jewish Flatbush section by winning the Democratic primary against Rep. Emanuel Celler, a 50-year-veteran many considered unbeatable. Holtzman lett exnausiea sup- porters to sequester herself briefly with family and close aides before returning home.

She refused to discuss her plans with reporters, but aides said she canceled press conferences scheduled for later today in New York City and upstate "because of the extreme closeness of the race." "We're not out of it," said Carter Eskew, a Holtzman press spokesman. He said the congresswoman tentatively planned to meet today with lawyers and campaign aides who were considering asking for a re-canvass of all voting machines. of ballots was approved on Oct. 6 for most of the state, except for areas where there were challenges to petitions. Yantis said the suit was filed by the Civil Rights Division of the Justice Department, under terms of the Overseas Cititzen Voting Rights Act an the Federal Voting Assistance Act.

died of cancer in June. He held the post throughout the last decade. With 99 percent of the vote counted, it was 48,040 for Kehoe and 27,900 for Harvey. Kehoe, 42, a freshman state assemblyman, won his Republican nomination with less half of the total vote over two opponents and had sought to heal wounds left from the primary. Harvey, the first Democrat elected district attorney in Ontario County, campaigned on the theme that the district needed a change.

Harvey had the support of organized labor, while Kehoe was targeted for special support by the National Rifle Association. on' Javits had beaten some formidable opponents, including Franklin D. roosevelt Jr. in a race for New York attorney general in the mid 1950s, and former New York City Mayor Robert Wagner, Ramsey Clark, Paul O'Dwyer and James Buckley in Senate contests. It was ironic that defeat should come at the hands of D'Amato, a man he and most other people had never heard of.

Javits has apartments in Washington and on New York's fashionable East Side and lives a highly social life with his second wife, Marion, who caused him some grief a few years back by being exposed as a paid lobbyist for the Shah. But he came out of humble beginnings. He was born on New York's Lower East Side, where his father was a janitor and his mother a peddler. He skipped college, but earned a law degree. He got wealthy handling bankruptcy cases and went into public life.

Javits is the ranking Republican on the Senate Foreign Relations Committee and very involved in foreign affairs, but he was also praised by local officials, including Mayor Edward Koch, for playing a major role in getting the federal government to help New York City avoid bankruptcy. AUBURN Assemblyman Lloyd (Steve) Riford Jr. Dist.) easily outdistanced his Democratic opponent, Daniel J. Fleischman, to win a sixth two-year term. The unofficial tally for Cortland and Cayuga counties, that comprise the district is 32,849 to 13,656.

In Cayuga County, Riford polled 18,307 votes as a Republican and 2,714 votues as a Conservative. His opponent Daniel J. Fleischman received 8,586 votes on the Democratic Defeated Javits promises, 'I will carry ALBANY (AP) The federal government filed suit against the state Board of Elections on Tuesday, charging that an unknown number of residents living out of the country were unable to return their absentee ballots in time to be counted. The show-cause order, filed in U.S. District Court here, asked New York to continue to accept absentee ballots from voters out of the country until Nov.

14. State law now sets a cutoff of 9 p.m. Election Day, when polls close. George Yantis, an assistant U.S. Attorney in Albany, said many of the ballots had been mailed too late by county boards of elections.

Judge James T. Foley set a hearing on the suit for Nov. 10 and county boards of elections were directed to set aside ballots received after the close of the polls. Thomas R. Wilkey, a spokesman for the state board, said he did not expect New York to object to the extension.

He said the same situation existed during the 1976 balloting, and the state signed a consent order at that time allowing a 10-day extension. Wilkey said the state board had received at least 35,000 applications he had equivocated about getting out of the race after the September debacle he admitted thinking about it more than once and fellow liberals blamed him for costing Holtzman votes and helping D'Amato. Javits declined to speculate before the result was known about who would succeed him. He just said, "I understand only too well as far as the Senate is concerned I will not return there in 1980. Someone else will take my place." "I will carry on," he said.

"That's my pledge to you." Though regarded as too liberal by his fellow New York Republicans one GOP leader once said of him, "I don't consider ourselves in the same party." Javits supported President-elect Ronald Reagan, and there have been reports that he will get a high appointive post in Reagan's administration when he leaves the Senate in January. Javits said all he was looking forward to was serving out his current term in the Senate and taking a rest from the rigors of campaigning. At 76, Javits is not in the best of health. This contributed mightily to his two defeats. Javits made a frank admission when he announced his decision to seek a fifth term that he was suffer GENEVA (AP) Republican Assemblyman L.

Paul Kehoe whipped Ontario District Attorney James Harvey in Tuesday's race for the vacant 52nd State Senate District seat. The post has been vacant since the late State Sen. Frederick Warder Sen. Lombardi wins AUBURN State Senator Tarky J. Lombardi Jr.

(R-50th Dist.) won re-election Tuesday. Unofficially, he polled 87,257 votes as compared with 23,519 for Democrat Alexander J. Hersha and 1,451 for A. Alexander Arokhaty on the Right to Life ticket. ing from a disease affecting his muscles that made it difficult to walk and climb stairs.

D'Amato jumped on this admission and made it the major issue of the primary campaign, even suggesting that Javits might not live out a new term. Javits decried D'Amato's remarks on his age and health and accused him of low-road campaigning, although for his part he often called D'Amato the not-too-bright product of a corrupt political machine and he treated him like something he might scrape off his shoe on a curb in Queens. Though inclined to be gruff and abrupt and never the winner of any popularity contest, Javits has been regarded as one of the ablest, hardest working and most influential members of the U.S. Senate. He has also been a bellwether for other senators on votes affecting Israel, being Jewish himself and representing the nation's largest, though a shrinking, Jewish constituency.

The senator is not humble about his recognized talents. "I am not just a senator," he once said. "I am an institution." And that was more or less the tenor of the campaign that failed for the man who once confided to friends that he hoped to become the first Jewish vice president. By JOHN T. Mc GOWAN Gannett News Service NEW YORK "We want Jack! We want Jack!" shouted the supporters of veteran Sen.

Jacob K. Javits in a midtown Manhattan hotel ballroom Tuesday night. But unfortunately not enough voters wanted to return him to the Senate for a fifth, six-year term. His four consecutive terms had already set a record for senators from New York. Javits, who lost his first election in a 30-year political career in September when he was denied renomina-tion in the Republican primary, survived to fight again as the candidate of the minority New York Liberal party, only to lose this second election.

But Javits had expected the loss and took it in stride. At first he tried to wait out the result in the close contest for his seat between his two rivals, the eventual winner, Alfonse D'Amato, a town supervisor of Hempstead on Long Island and a conservative Republican who defeated him in the GOP's primary, and liberal Democrat Rep. Elizabeth Holtzman. There was little doubt who Javits preferred, but just as he equivocated about giving his concession speech, lust west of Macon in New York Sen. Jacob Javits gets a before conceding POUILLY Excellent dry four small fcffi- -v i FUISSE (POO-yc FWEE-say) white wine made from the Chardonnay grape HAVE A WINE QUESTION? dial OTJG LDC3G communes or townships southern Burgundy.

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