Election Appeal: Letter to New York Attorney General

Samuel H. Sloan
                            1664 Davidson Ave, Apt. 1B
                            Bronx NY 10453

                            Tel. 917-659-3397
                                917-507-7226
                            samhsloan@...

                            September 7, 2013
Richard P. Dearing
Deputy Solicitor General
120 Broadway
New York NY 10005

                        Re: Sloan et al vs. Caruso, et al, No. 13 Civ 6104
                        Appeal to the Second Circuit Court of Appeals

Dear Mr. Richard P. Dearing,

Thank you for a copy of your letter to US District Judge Alison J. Nathan
dated September 5, 2013 in which you informed the judge that you will not
be participating in this matter at the present time, but may do so later.

This is to inform you that following Judge Nathan's decision of September
6, 2013, I appealed on the same day to the United States Court of Appeals
for the Second Circuit. Again, I am challenging the Constitutionality of a
Law of New York State, specifically New York Election Law 6-132 (2).

In view of the urgency of the matter in that the primary election will be
held on Tuesday, September 10, it is possible and indeed likely that the US
Court of Appeals will hear and decide this matter on Monday September 9.

Accordingly, you may wish to communicate with that court regarding whether
you still decline to participate in this matter.

I would like to point out that even if the Court of Appeals does not decide
the case on Monday, the case will still be alive. My candidate for Public
Advocate, Thomas R. Stevens, is unopposed on the Republican Party Line.
There are no other Republican Party candidates for Public Advocate. Thus,
if this appeal is successful, Thomas R. Stevens will go directly onto the
November 5th ballot as the Republican Party candidate.

For Comptroller, there is at present only one Republican Party candidate on
the ballot. That is John Burnett. If our appeal is successful and there is
no time for there to be a Republican Party Primary Election on September
10, I will argue that our candidate Richard Bozulich should be put into a
primary against John Burnett on October 1, 2013, the date for the run-off
primary elections (assuming that there are run-off primary elections). It
will be unfair to the voting public and to the Republican Party voters not
to have the opportunity to chose which of the two candidates they prefer.
It is also unfair for John Burnett to be given a free ride just because of
mistakes by the Board of Elections.

I continue to be confident of ultimate victory in this case. There is no
way that the “Subscribing Witness Rule” is constitutional. Although it is
supposedly to protect the Republican Party from a raid by the Democrats,
what we have here is the opposite. The Democrat, John M. Greaney, recently
came over to the Republican Party, changing his voter registration, and
became Bronx Republican Chairman after the previous chairman was arrested
by the FBI on April 2, 2013 on bribery charges, and now is using his newly
gained powers to chase us long-term Republicans off the ballot.

This law has already been declared unconstitutional in two cases: Lerman v.
Bd. of Elections of N.Y.C., 232 F.3d 135, 145 (2d Cir. 2000) and Kaloshi v.
New York City Board of Elections, 02 CV 4762, 2002 WL 31051530 (E.D.N.Y.
Sept. 6, 2002).

I am confident it will be declared unconstitutional again, and this will be
the beginning of the end of control by a handful of party bosses over New
York politics.

It might take a long time to get this statute declared unconstitutional and
victory might come too late to help the current slate of candidates, but it
will happen. May I remind you that it took me seven years to defeat the
Securities and Exchange Commission in the United States Supreme Court. They
started the case in 1971. I won it in 1978. SEC vs. Samuel H. Sloan, 436 US
103 (1978). I just hope it does not take me another seven years to win this
case.

                                Very Truly Yours,

                                Samuel H. Sloan

Copy to:

Daniel S. Szalkiewicz
Attorney for Self and Salvatore Caruso
280 Riverside Drive
New York NY 10025
daniel@...

Stephen Kitzinger
New York City Law Department
100 Church Street
New York NY 10007
SKitzing@...

Stephen H. Richman
Board of Elections in the City of New York
32 Broadway, 7th Floor
New York NY 1004
212.487.5400

Richard P. Dearing
Deputy Solicitor General
Attorney General of New York
120 Broadway
New York NY 10005
212-416-6685
Richard.Dearing@...