I thought the primaries were agencies of the parties. Even as suspicious as that might be, it makes sense the agency would look after the party.
If you were running for the board of the yacht club and you recruited various unemployed and unaffiliated people to affirm your credentials and requirements, I'd throw your ass out. What am I missing here?
It would be only as the agency of the club would certify your efforts according to its specifications that I would relent. Are you trying to "game" the agency?
Is the only rub here is that you are trying to run as a Republican? Are you free to run as an independent, in the general election?
________________________________
From: Sam Sloan <samhsloan@...>
To: gary popkin <garypopkin@...>
Cc: "lpny_manhattan@yahoogroups.com" <lpny_manhattan@yahoogroups.com>; "ManhattanLibertarians@yahoogroups.com" <manhattanlibertarians@yahoogroups.com>; Tom Stevens <drtomstevens@...>; John Clifton <mrjclifton@...>; LPQC <lpqc@yahoogroups.com>; "lpny_discuss@yahoogroups.com" <lpny_discuss@yahoogroups.com>; LPKC <lpny_kings@yahoogroups.com>; samhsloan <samhsloan@...>; LPSF Discussion List <lpsf-discuss@yahoogroups.com>; Marc Romain <marcromain1@...>; Starchild <sfdreamer@earthlink.net>; Richard Winger <richardwinger@...>
Sent: Tuesday, August 6, 2013 8:50 AM
Subject: [lpsf-discuss] Re: [lpny_manhattan] RE: [ManhattanLibertarians] Re: New York Election DOES NOT STATE that the witness to a petitions must be a member of a political party
The Maslow case involved Democrats who wanted to register Republicans to run as Republican candidates.
For example a bunch of Democrats could collect and submit petitions on behalf of a candidate who is likely to be disruptive to the opponent's elections, somebody like Credico or Stone.
Naturally, the Republicans would want these people kept out.
However, in my case the petitioners were a random collection of Democrats, Libertarians and Blanks who were unemployed and simply wanted a job. They had no idea about raiding an opposing party.
Sam Sloan
The residency requirement has to do with the subpoena issue, and there is some state interest involved there.
The same logic does not apply as to the party enrollment of the witness. What is the state interest in the witness being a member of the same party as the signatories? I don't see any. As Sloan suggests, why can't any honest person resident in New York State collect signatures? The AG might argue that the right of association, upon which Sloan relies, is exercised by enrolling in a party. The right of association includes the right not to associate, and the members of the Republican Party, associated, might want to keep out those not associated with them and not have them involved in their nomination process. We don't like outsiders messing with our nomination process.
________________________________
From: Sam Sloan <samhsloan@...>
To: lpny_manhattan@yahoogroups.com
Cc: "ManhattanLibertarians@yahoogroups.com" <manhattanlibertarians@yahoogroups.com>; Gary Popkin <garypopkin@...>; Tom Stevens <drtomstevens@aol.com>; John Clifton <mrjclifton@...>; LPQC <lpqc@yahoogroups.com>; "lpny_discuss@yahoogroups.com" <lpny_discuss@yahoogroups.com>; LPKC <lpny_kings@yahoogroups.com>; samhsloan <samhsloan@...>; LPSF Discussion List <lpsf-discuss@yahoogroups.com>; Marc Romain <marcromain1@...>; Starchild <sfdreamer@...>; Richard Winger <richardwinger@...>
Sent: Tuesday, August 6, 2013 10:42 AM
Subject: Re: [lpny_manhattan] RE: [ManhattanLibertarians] Re: New York Election DOES NOT STATE that the witness to a petitions must be a member of a political party
However, the residency requirement is in the same sentence as the requirement that a witness must be a member of the same political party and the same logic and reasoning applies. Nevertheless, the statute has not been amended or changed and they read the sentence in full in the hearing before Judge Wooten yesterday.
Sam
No, only the residency requirement was thrown out:
We
conclude that the section 6–132(2) witness residence requirement severely burdens
interactive political speech and association rights protected by the First
Amendment (as incorporated by the Fourteenth Amendment) without advancing any legitimate or important state interest. Accordingly, we hold this
particular statutory requirement unconstitutional on its face.
Mark
________________________________
To: garypopkin@...
CC: DrTomStevens@...; mrjclifton@...; LPQC@yahoogroups.com; lpny_discuss@yahoogroups.com; proreal1@...; lpny_kings@yahoogroups.com; manhattanlibertarians@yahoogroups.com; markaxinn@...; florenzino@hotmail.com; samhsloan@...; lpsf-discuss@yahoogroups.com; lpny_manhattan@yahoogroups.com; marcromain1@...; sfdreamer@...; richardwinger@...
From: samhsloan@...
Date: Mon, 5 Aug 2013 21:09:58 -0700
Subject: [ManhattanLibertarians] Re: New York Election DOES NOT STATE that the witness to a petitions must be a member of a political party
This was thrown out in the following case:
Lehrman v. Bd. of Elections of N.Y.C., 232 F.3d 135, 145 (2d Cir. 2000).
This decision invalidated the quoted sentence. Nevertheless, the sentence is still in the text of the law.
Sam Sloan
2. There shall be appended at the bottom of each sheet a
signed statement of a witness who is a duly qualified voter of
the state and an enrolled voter of the same political party as
the voters qualified to sign the petition, and who is also a
resident of the political subdivision in which the office or
position is to be voted for.
My emphasis added. What part of "and an enrolled voter of the same political party" does not say that the witness must be of a particular party? This is the provision that you quote in your note below. Your own legal research refutes your allegation.
Of course, the residency requirement has been struck down by the courts, but the legislature has not got around to fixing the statute.
________________________________
From: Sam Sloan <samhsloan@...>
To: Thomas Robert Stevens <DrTomStevens@...>; mrjclifton <mrjclifton@...>; LPQC <LPQC@yahoogroups.com>; lpny_discuss@yahoogroups.com; proreal1@...; lpkc <lpny_kings@yahoogroups.com>; manhattanlibertarians@yahoogroups.com; markaxinn <markaxinn@...>; Gary Popkin <garypopkin@...>; Fred Lorenzino <florenzino@...>; samhsloan <samhsloan@...>; LPSF Discussion List <lpsf-discuss@yahoogroups.com>; lpny_manhattan <lpny_manhattan@yahoogroups.com>; marc romain <marcromain1@...>; Starchild <sfdreamer@...>; Richard Winger <richardwinger@...>
Sent: Thursday, August 1, 2013 7:32 AM
Subject: New York Election DOES NOT STATE that the witness to a petitions must be a member of a political party
17.
Section 132 (2) of New York Election law provides the following:
2. There shall be appended at the bottom of each sheet a signed statement of a witness who is a duly qualified voter of the state and an enrolled voter of the same political party as the voters qualified to sign the petition, and who is also a resident of the political subdivision in which the office or position is to be voted for. However, in the case of a petition for election to the party position of member of the county committee, residence in the same county shall be sufficient. Such a statement shall be accepted for all purposes as the equivalent of an affidavit, and if it contains a material false statement, shall subject the person signing it to the same penalties as if he or she had been duly sworn. The form of such statement shall be substantially as follows: STATEMENT OF WITNESS I,..................... (name of witness) state: I am a duly qualified voter of the State of New York and am
an enrolled voter of the....................... party. I now reside at.................... (residence address).
18.
It is apparently the interpretation of the Board of Elections in the
City of New York that the above provision implies that the party of
the subscribing witness must be the same as the party of the signer
of the petition. However, the above provision does not actually say
that. It merely suggests but does not require that the subscribing
witness disclose the name of any political party he belongs to, which
may be Democrat, Republican, Socialist, Communist, Blank or any
other. Nowhere in this provision or anywhere else in New York Law is
there a requirement that the mere witness to the signing of a
petition be a member of any particular political party. If there were
such a provision it would be constitutionally invalid as depriving
the right of Freedom of Association and depriving the general
membership of the right to chose the candidates they want to run for
election.