Tuesday, May 6, 2008

Pols in Battle About Ballot by John Lauinger - NY Daily News

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Tom Ognibene is charging his GOP rival, Anthony Como, with using his pull as a former Board of Elections bigwig to secure a ballot advantage in the special election for former City Councilman Dennis Gallagher's seat.

Como, the former Queens Board of Elections commissioner, secured the coveted top spot on the ballot by being the first candidate to file petitions for the June 3 special election.

Ognibene - who missed out on the top spot by a matter of minutes - claims Como beat him to the punch by using his Board of Elections clout to gain access to an agency office more than 30 minutes before it opened - thereby ensuring his petitions would be recorded first.

Ognibene is backing up his accusation with a copy of the log from the agency's office for the morning in question, April 21.

The office log at 32 Broadway in Manhattan shows Como signed in at 8:25 a.m. Ognibene's surrogates signed in at 9:15 a.m.

"I know, as an election law attorney, that this is a violation of the law," said Ognibene, who is urging an investigation.

Como called Ognibene's charge "ridiculous" and said his opponent is just looking "to find something to complain about."

A Board of Elections official told Queens News that the waiting room opens at 8 a.m., though official business hours begin at 9 a.m.

"Anyone who views my petitions can see that they were stamped in at 9 or thereafter," Como said when asked to respond to Ognibene's charge.

Como has been endorsed by the Queens Republican Party. He resigned as Queens Board of Elections Commissioner on April 18 - the day Gallagher's resignation took effect, triggering the nonpartisan special election.

Ognibene, a Middle Village Republican, served in the Council from 1991 to 2001.

Como, also a Middle Village resident, accused Ognibene of attacking him with "misinformation" out of anger that he was spurned by party leaders.

"He owes an apology not only to me, but also to the Board of Elections," Como said.

The special election is being held in the 30th Council District, which includes Middle Village, Glendale and Ridgewood, along with parts of Richmond Hill, Woodhaven and Forest Hills.