*Plaintiff further contends that the entire election system is
unconstitutional for many reasons and grounds, one of which is the “One Man
One Vote Rule”.*
*Opponents contend and the judge decided that the “One Man One Vote Rule”
does not apply because the New York Board of Elections is appointed, not
elected, citing Sailors v. Board of Educ. of Kent County, 387 U.S. 105
(1967)*
*However, that citation is wholly inappropriate for a different reason. In
Sailors v. Board of Education, the voters elected the local school boards.
Each board sends a delegate to a biennial meeting, and those delegates
elect a county board of five members, who need not be members of the local
boards, who then appoint administrators.*
*This is obviously a valid, proper and Constitutional way. In addition, the
county boards just decide administrative questions such as whether to buy
new chairs for the school.*
*The New York Board of Elections is an entirely different matter. What
happens is every two years a primary election for county boards for the
Republican and Democratic Parties is held in September. In New York State,
Republicans elect their party officers in the odd numbered years, Democrats
in the even numbered years. As there are several thousand seats available
for both the Republican and Democratic Parties, there are often not enough
candidates to fill all the seats and everybody who runs gets elected. Then,
a convention is held and a chairman is elected for a two year term. There
are also several vice-chairmen elected. Each chairman then appoints a
Commissioner of Elections. Thus, there are two commissioners for each
county, one Republican Commissioner and one Democratic Commissioner. None
of the other parties such as the Green or the Working Families parties have
any say-so in the appointment of commissioners nor do the independent or
blank voters have any role in the appointment of commissioners.*
*The two commissioners, the one Republican and the one Democratic
Commissioner, then decide which candidates get on the ballot.*
*If the Chairman or the Commissioner is arrested by the FBI and goes to
jail, as has often happened in the last few years, his spot is simply taken
by the next vice-chairman who appoints the next commissioner.*
*In New York City, there are five counties. Thus, the New York City Board
of Elections consists of ten commissioners, one Republican and one
Democrat, for each of the five counties, Bronx, Kings, Queens, Manhattan
and Staten Island.*
*Lately there has been turmoil in the Board of Elections because of the
arrests and criminal prosecutions of not only commissioners and chairmen
but of governors and other high officials of New York State and City who
have been involved in this. Here is a list in alphabetical order as
provided by the New York Times. See “The Many Faces of New York’s Political
Scandals” by SUSANNE CRAIG, WILLIAM K. RASHBAUM and THOMAS KAPLAN UPDATED
May 3, 2016. This list does not even include Alan G. Hevesi, the New York
City and State Controller who served time in prison, Jay Sovino the Bronx
County Republican Party Chairman who was involved in a bribe paid so that
his candidate would be made a Commissioner of Elections or Rudy Giuliani
who was implicated in the “Sex on the City” Scandal. It also does not
include the staff of City Comptroller John Liu who were found guilty of
using fake persons to raise tens of thousands of dollars in a matching
funds fraud. Liu has thus far escaped by making the improbable claim that
he did not know that most of his biggest financial donors were fake and
non-existent persons. Nor does this list include Chris Christie who is
still being investigated for closing three lanes of the George Washington
Bridge in an act of political retaliation and who similar to John Liu
claims that he simply did not know that three lanes of the most heavily
trafficked bridge in the world had been closed by his office staff. Trump
is not mentioned either.*
“*In the past decade, more than 30 current or former state
officeholders in New York State have been convicted of crimes,
sanctioned or otherwise accused of wrongdoing. Here are some of
them.”*
*William F. Boyland Jr.**Assemblyman, Brooklyn**Democrat**Convicted on
bribery charges, including requesting $250,000 to pay his legal fees
in a separate corruption case, and other federal crimes.*
*Nelson L. Castro**Assemblyman, the Bronx**Democrat**Pleaded guilty to
perjury charges and to making false statements to law enforcement;
secretly made recordings for the authorities.*
*Mike Cole**Assemblyman, Erie County**Republican**Censured after
sleeping at the home of a female intern after a night of heavy
drinking.*
*Pedro Espada Jr.**Senator, the Bronx**Democrat**Convicted of
siphoning hundreds of thousands of dollars from his nonprofit health
care network.*
*Dennis H. Gabryszak**Assemblyman, Erie County**Democrat**Resigned
after being accused of sexually harassing members of his staff.*
*Efraín González Jr.**Senator, the Bronx**Democrat**Pleaded guilty to
using hundreds of thousands of dollars from nonprofit groups to pay
for personal expenses.*
*Diane M. Gordon**Assemblywoman, Brooklyn**Democrat**Convicted of
offering to help a developer acquire a parcel of city-owned land in
exchange for building her a house in a gated community.*
*Alan G. Hevesi**State Comptroller**Democrat**Pleaded guilty to using
state workers to chauffeur his wife; later pleaded guilty for his role
in a sprawling corruption scandal involving the state pension fund.*
*Sam Hoyt**Assemblyman, Buffalo**Democrat**Banned from having interns
in his office after having an affair with an intern.*
*Shirley L. Huntley**Senator, Queens**Democrat**Pleaded guilty in
federal court to stealing state grants and in State Supreme Court to
falsifying evidence; secretly made recordings for federal
authorities.*
*Micah Z. Kellner**Assemblyman, Manhattan**Democrat**Sanctioned for
sexually harassing members of his staff.*
*Carl Kruger**Senator, Brooklyn**Democrat**Pleaded guilty to
corruption charges in a widespread bribery conspiracy case.*
*Vincent L. Leibell III**Senator, Putnam County**Republican**Pleaded
guilty to obstruction of justice and tax charges for telling a witness
in an investigation against him to lie to the authorities.*
*Thomas W. Libous**Senator, Binghamton**Republican**Convicted of lying
to F.B.I. agents who were investigating whether he used his office to
help get a job for his son.*
*Vito J. Lopez**Assemblyman, Brooklyn**Democrat**Fined $330,000 by the
Legislative Ethics Commission for sexually harassing members of his
staff.*
*Brian M. McLaughlin**Assemblyman, Queens**Democrat**Pleaded guilty to
racketeering charges; in various criminal schemes, took money from
taxpayers, labor organizations, contractors and even a Little League
program.*
*Hiram Monserrate**Senator, Queens**Democrat**Expelled from the Senate
after being convicted of misdemeanor assault; later pleaded guilty to
mail fraud charges for using city money to finance a failed political
campaign.*
*Clarence Norman Jr.**Assemblyman, Brooklyn**Democrat**Convicted of
extorting money from judicial candidates, among other crimes.*
*Kevin S. Parker**Senator, Brooklyn**Democrat**Convicted of two counts
of criminal mischief, a misdemeanor, for damaging a camera belonging
to a photographer for The New York Post.*
*David A. Paterson**Governor**Democrat**Fined $62,125 for soliciting
and accepting free Yankees tickets, and then lying under oath to cover
up his actions.*
*Gabriela Rosa**Assemblywoman, Manhattan**Democrat**Entered into a
sham marriage for immigration purposes; pleaded guilty to two counts
of making false statements, to federal immigration officials and in a
bankruptcy proceeding.*
*John L. Sampson**Senator, Brooklyn**Democrat**Convicted of trying to
thwart a federal investigation and making false statements.*
*Anthony S. Seminerio**Assemblyman, Queens**Democrat**Died in prison
after pleading guilty to soliciting payments in return for political
favors.*
*Sheldon Silver**Assembly Speaker**Democrat **Convicted of taking in
nearly $4 million in exchange for using his position to help benefit a
researcher and two real estate developers.*
*Dean G. Skelos**Senator, Long Island **Republican **Convicted of
bribery, extortion and conspiracy for using his position as majority
leader to pressure companies into hiring his son.*
*Ada L. Smith**Senator, Queens**Democrat**Convicted of throwing a cup
of coffee in the face of an aide.*
*Malcolm A. Smith**Senator, Queens**Democrat**Convicted of federal
corruption charges including bribery, wire fraud and extortion.*
*Nicholas A. Spano**Senator, Westchester County**Republican**Pleaded
guilty to obstructing the I.R.S., admitting he filed false tax returns
and concealed payments from a politically connected insurance
brokerage.*
*Eliot Spitzer**Governor**Democrat**Resigned after patronizing prostitutes.*
*Eric A. Stevenson**Assemblyman, the Bronx**Democrat**Convicted of
accepting more than $20,000 in bribes from developers of adult day
care centers. *
*The District Judge in her decision stated that the commissioners are
appointed by the City Council. This is simply not true. The City Council
has nothing to do with the appointment of Commissioners of Elections. Only
the Party Bosses make these appointments.*
*In the case presented here Plaintiff has presented evidence proving
numerous instances of criminal fraud committed by the defendants here
including even taping over the names of candidates running for election as
judicial delegate to substitute other candidates in their place. The
question here is whether Plaintiff is allowed to present his evidence and
prove his case which will result in almost all of these defendants being
convicted and sentenced to prison and will result in all of these judges
who were elected to ten year terms by these fraudulent means being removed
from office.*