Disastrous News: My Candidates May All Be Kicked Off the Ballot

Activists List
1

Disastrous News: My Candidates May All Be Kicked Off the Ballot

I just received a call from Anthony Ribustello, Clerk at the New York City
Board of Elections

He said that his office is just issuing a clerk's report saying that they
recommend that all my candidates be kicked off the ballot because the
witnesses are not Registered Republicans.

I have enough petition signatures of Registered Republicans to be on the
ballot but, he says, all my witnesses must be not only registered voters
but also registered Republicans.

I always thought that it was enough that the witnesses be registered voters
and it did not matter which party they were registered with.

I believe that the election law is ambiguous on this point. It says that
they must be registered voters and members of the Republican Party.
However, many people who consider themselves to be Republicans have not
registered as Republicans or have not registered at all, or may be
registered Republicans in some other state such as Pennsylvania or
California.

Also, there is a constitutional First Amendment Issue or Freedom of
Association. Can the State of New York Constitutionally require that all my
campaign workers be members of a certain party? Is it not enough that they
be registered voters, which they are.

Also, it was reported in the New York Daily News and I have confirmed that
20 volumes of petitions for John Burnett a rival Republican Party candidate
were "accidentally" shredded by workers at the New York City Board of
Elections, but that the candidate was allowed to reconstruct these shredded
volumes so he could get on the ballot.

How can we be certain that only his petitions were shredded? Perhaps mine
were shredded too. Thus, we could all be on the ballot.

There will be a hearing on these matters at the New York City Board of
Elections at 42 Broadway, 6th floor, at 1:30 PM on Tuesday July 30, 2013.

I desperately need help including an attorney to argue my case especially
since I will have to file a case in state or federal court if my candidates
are all kicked off the ballot, which seems likely now.

Sam Sloan

2

This matter has already been litigated and lost in Maslow v Board of Elections in the city of New York, 658 F 3d 291 (2011). The outcome is horribly unjust and ridiculous. In the Maslow case, Lori Maslow, a registered Democrat, was not permitted to help petition for her husband, who was a Republican candidate. The 2nd circuit for the last few years has been one of the worst courts in the nation for election law. Maslow asked for US Supreme Court review but was denied.

Richard Winger
415-922-9779
PO Box 470296, San Francisco Ca 94147

3

I certainly am willing to hire an election law attorney in view of this
surprising development. I just placed calls to three election law
attorneys. Only one, Aaron Maslow, answered the phone and he said that he
was too busy to take this case.

The other two just had answering machines, this being a Sunday. I left
messages for them.

If there are any election law attorneys you can recommend, please let me
know.

Sam Sloan

4

I did not deliberately change the witness statement. I copied one from
years past, possibly from 2004 when I tried to run as a candidate.

Perhaps the Board of Elections has added this new language recently, and it
needs to be tested.

Sam Sloan

5

Thank you for letting us know about this. Aaron Maslow was the first
attorney I called this morning when I learned about this problem. Of
course, I had no idea that he was involved in a case like this himself.

I am trying to find the text of the court decision to see if it applies
exactly to my case. I have not found it yet.

Sam Sloan