DiResto Booted From Ballot by Dara Miles - Gotham Gazette - The Wonkster

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Sometimes the tricky part about getting elected in New York is
getting–and staying–on the ballot. Thanks to arcane election laws
and super-savvy election lawyers, would-be candidates find that they
are has-beens, even before the first yard sign goes up. And it’s
usually the newcomers to politics who learn the hard way.

Just ask Glen DiResto. He’s the latest victim of the ballot bounce.

Until this week, DiResto, a former NYPD lieutenant from Rockaway, was
running for City Council — the Queens District 32 seat recently vacated by now-Senator Joseph Addabbo. When DiResto filed his papers
with the Board of Elections, he touched off a legal skirmish that
would bounce around the courts for several weeks.

Another candidate, Geraldine Chapey, challenged DiResto’s candidacy,
arguing to the Board of Elections that DiResto violated the law when
he chose the name “Families First” as his party line for the otherwise
non-partisan special election. Chapey’s attorney, former state senator
and long-time election lawyer Marty Connor argued that state election
law bars a candidate from having a party name that “includes the name,
or part of the name, of an existing party”–like the Working Families
Party.

The Board of Elections agreed, and DiResto was off the ballot.

DiResto appealed to the New York Supreme Court, which overturned the
board’s decision. DiResto was back on the ballot. Chapey then took the
matter up to the Appellate Division. It sided with Chapey, and that
took DiResto off of the ballot once and for all–he has no avenues of
appeal left.

We could forgive DiResto–a first-time candidate–for being
frustrated and just a little jaded by the whole affair. When he called
the Gotham Gazette to say he had some “bad news” to report, his
disappointment with the process was palpable.

“Elections should be determined in the voting booth, not in the
courtroom,” he said. “It’s the people’s choice. It’s unfair that
candidates feel they can take democracy in their own hands. Isn’t
that tyranny?”

Don’t hold your breath waiting for DiResto to refile for the regular
city council primary in September. He said he’s not likely to run.

Whether you call it tyranny or technicality, the pre-election legal
wrangling is prevalent because it works. According to the New York
Daily News, six of the 22 city council hopefuls in three races were
knocked off the special election ballot in the last few weeks,
including the candidate who was considered the likely front-runner in
the 32nd district race, Frank Gulluscio. No stranger to politics,
Gulluscio nevertheless lost his spot on the ballot when Chapey charged
that his petition lacked the required number of valid signatures.

You can bet that’s a mistake Gulluscio won’t make the next time.

On Again, Off Again by Elizabeth Benjamin - The Daily Politics - NY Daily News

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Two City Council candidates who have been struggling to remain on the ballot as next week's special elections loom have been bounced out of the running yet again.

Senator-turned-full-time-attorney Marty Connor, who is representing 32nd CD candidate Geraldine Chapey, called in to say an appellate court (second department) chucked Glenn DiResto back off the ballot - just three days after he was put back on by a state Supreme Court justice.

At issue was the fact that DiResto chose the name "Families First" for his ballot line in the nonpartisan Feb. 24 election. Connor argued this ran afoul of election law, which forbids the use of names of already existing parties (in this case, the Working Families Party).

The Board of Elections sided with Connor, the Supreme Court overturned that decision, and now the Appellate Division has said the Board of Elections was right all along. Dara Miles, a freelance writer and Columbia J-School student, caught up with DiResto, who said:

"Elections should be determined in the voting booth, not the courtroom. It's the people's choice. It's unfair that another candidate feels they can take democracy in their own hands. Isn't that tyranny?"

Meanwhile, over in Staten Island's 49th CD, the Advance is reporting a state Supreme Court justice accepted a special referee's finding that embattled candidate John Tabacco fell far short of meeting the 1,367-signature requirement to make it onto the ballot.

Tabacco has had the same on again, off again problem as DiResto due to his selection of a symbol (a star) that was too much like that of an existing party (Democrat) to represent his made-up ballot line.

He was given time to cure that problem by the Board of Elections - a point noted by DiResto's attorney - but then didn't make the signature cut.

Bare-Knuckled Ballot Challenges Jumble Queens, Staten Island Races by Sal Gentile - City Hall News

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The hardest thing about getting elected to the City Council in this month’s special elections may be keeping the election lawyers at bay.



At a rowdy Board of Elections hearing earlier this month, a swarm of high-powered attorneys tangled over obscure statutes, mangled signatures and fudged math.

In the end, seven of the 22 candidates who filed to run in the three special elections were knocked off the ballot, and several more withstood aggressive challenges.

All of the hardball left at least one race—the one to succeed Queens State Sen. Joseph Addabbo—without a clear front-runner. There, former Addabbo aide Frank Gulluscio was removed when Democratic district leader Geraldine Chapey objected to his petitions and those of two other of her opponents.

Her attorney, bulldozing election lawyer and former State Sen. Martin Connor, single-handedly cleared half the field, arguing at one point that the five-point star Gulluscio had chosen as a symbol for his ballot line was illegal because it too closely resembled the symbol of the Democratic Party. Special elections by law must be non-partisan, and party affiliations cannot be evident in any way.

“She brought out the juggernaut,” said Eric Ulrich, a 24-year-old Republican district leader and one of the few candidates who remains in the race.

Former police officer Glenn DiResto and former real estate broker Sam DiBernardo were also bounced from the ballot, leaving Chapey in the enviable position, her opponents say, of facing off against a Republican in a three-way race along with perennial candidate Lew Simon.

But if anything, her hard-charging tactics may have further fractured a race that was already divided along regional lines.

Chapey is from Rockaway, an area that has been isolated geographically and politically from the rest of the district. Some mainlanders have even said they would rather a Republican represent them than someone from the other side of Jamaica Bay.

“I think she may have done me a favor in getting Gulluscio off the ballot, because now there’s another mainlander, so to speak, out of the race,” Ulrich said. “And I can imagine that a good number of his supporters will switch their support to me.”

Chapey, for her part, refused even to entertain the notion of a regional divide and said her ballot objections were based on legal grounds.

“Can you tell me what’s different about a person who lives in Rockaway over someone who lives in Howard Beach?” she said.

And while Chapey’s challenges may have positioned her as the unexpected front-runner, those who she tripped up with her legal maneuverings have said they will return for the September primary.

DiResto, the former police officer, said to count him among the ones who will be back. He was removed from the ballot after Connor objected to his party line, “Families First,” because it was too similar to the name of an existing party, the Working Families Party.

Asked if his supporters would turn to Chapey now that he was out of the race, DiResto laughed, and said, “No.”

But the election in Queens is not the only one in which the field has been jumbled by bare-knuckled petition challenges.

In the race to succeed Rep. Mike McMahon (D-Staten Island/Brooklyn), his longtime chief of staff Kenneth Mitchell has objected to four of his opponents’ petitions. Three of them have already been knocked off the ballot, and one more who was fighting the objections is taking the dispute to court.

Mitchell has long been seen as McMahon’s heir apparent, and in the early stages of the campaign he added to that sense of inevitability by piling up the endorsements of local unions and political clubs affiliated with McMahon.

But Debi Rose, a local activist and Obama convention delegate, has surged in recent weeks, picking up key support from the Working Families Party, 1199/SEIU, the Hotel and Motel Trades Union, and D.C. 37.

Rose, who lost to McMahon in 2001 by 170 votes, would be the borough’s first black Council member. But she has been competing for the support of the growing black population on the North Shore with Rev. Tony Baker, a longtime pastor at St. Phillips Baptist Church.

Mitchell has been accused of challenging the petitions of four of the white candidates in the race so that Rose and Baker will split the black vote.

“I perceive part of that as a move to affect my voter turnout,” said Rose. “Because then the race becomes one between Reverend Baker and I … one where my base of supporters are being split or divided, and [Mitchell’s] are not.”

Mitchell denied that race was a factor and said his objections were based entirely on a vetting process conducted by his lawyers.

“I find it interesting that people who want to be lawmakers don’t want to follow the law,” he said, defending the challenges.

The challenges may further other ethnic divisions apparent in the race as well. One of the candidates removed from the ballot, Rajiv Gowda, had raised a sizable war chest from the growing South Asian community on the North Shore.

That group of voters would be up for grabs if Gowda abandons his candidacy.

After learning that he had been bounced from the ballot, Gowda swore to continue his campaign and challenge whoever wins the special election again in the primary.

“My campaign started long back, and it’s going all the way to September,” he said. “Whatever I have to do, I will do.”

Gulluscio Stays Off The Ballot by Elizabeth Benjamin - The Daily Politics - NY Daily News

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A Queens state Supreme Court Justice today upheld a ruling by elections commissioners that tossed Frank Gulluscio off the ballot for the upcoming 32nd CD special election in which Gulluscio had hoped to win the Queens seat of his former boss, Sen. Joe Addabbo.

However, in a rather odd twist, Justice Phyllis Orlikoff Flug didn't cite the Gulluscio's lack of valid signatures, which was what led the elections commissioners to bounce him in the first place.

Instead, Flug ruled that Gulluscio should remain off the ballot due to "failure of service," which, as far as I can tell, means the process server who was supposed to serve notice on the individuals who objected to the candidate's petitions didn't follow the rules properly.

In this case, according to someone who was in the court today, the server failed to affix the notice to the door of the individual being served. Instead, according to the objector, the notice was inside the door and not ON it.

Such are the nit-picky details - along with improper wording on petitions and picking a symbol for one's made-up party that doesn't conform with Election Law - that can cost a candidate his one shot at being a councilman.

The same source said he expects Gulluscio to run again in September when Addabbo's seat comes up (recall that defending a seat in a general election against one's erstwhile special election opponent isn't necessarily an easy undertaking - just ask former Councilman Anthony Como).

Nevertheless, this is a blow to Gulluscio and also to Addabbo, who had endorsed his former staffer's bid to succeed him. (Not to mention the Hotel and Motel Trades Council, which endorsed Gulluscio, too).

Former Sen. Marty Connor, an election attorney working for another 32nd CD candidate, Geraldine Chapey, said he has dropped his effort to get Eric Ulrich off the ballot.

Gulluscio accused Chapey of foul play in hiring Connor, saying in a prepared statement:

"The idea that this is a system meant to uphold democracy is preposterous when the signatures of thousands of voters can be rendered meaningless by a legal technicality. We must demand that we have a system where the will of the people cannot be overturned by lawyers."

"Geraldine Chapey has been on what can only be described as a witch hunt, dragging her opponents into court, causing us hours of wasted time and thousands of dollars in lawyer's fees."

"She obviously feels that the only way she can win is to eliminate the competition using her lawyer, rather than in a fair election by the will of the people. I cannot imagine that the voters of the 32nd Council District would want to be represented by someone like that."

Gulluscio pledged to pursue "all options" that will allow him to "continue to serve" 32nd CD residents.

The case of yet another candidate for Addabbo's seat who was pushed off the ballot by elections commissioners last week, Glenn DiResto, will be heard tomorrow.

Star-Stuck Pol Knocked Out of Council Ring by John Lauinger - NY Daily News

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SOME PEOPLE try to soften the blow of defeat with a fatalistic adage: It just wasn't in the stars.

But it was in the stars for City Council hopeful Frank Gulluscio - and that was the problem.

The Howard Beach Democrat was yanked from the ballot in the Feb. 24 special election because his petitions featured a star and were printed on green paper - similar to those of the Democratic Party - a no-no in the nonpartisan contest, officials said.

Board of Elections commissioners ruled Tuesday that Gulluscio's petitions violated election law because the "five-point star is the recognized symbol of the Democratic Party," said board spokeswoman Valerie Vasquez-Rivera.

Gulluscio, a Democratic district leader running in the 32nd Council District, also had 1,436 signatures tossed out, leaving him with 69 fewer than the 1,098 needed to qualify to be on the ballot.

Gulluscio vowed to appeal in a hearing scheduled Monday in Queens Supreme Court. He blasted fellow candidate Geraldine Chapey, who hired former state senator and election lawyer Marty Connor to challenge petitions.

"It is a shame that other candidates need to use cheap tricks to win elections," Gulluscio said.

Connor, who Chapey had paid $3,500 as of Jan. 15, also knocked retired Police Department lieutenant Glenn DiResto off the 32nd District ballot.

The name of DiResto's party, "Families First," was deemed to violate election law because it shares a word in common with the name of the existing Working Families Party.

DiResto accused Chapey of engaging in electoral "shenanigans," and said he would also appeal at Monday's court hearing.

"She looks at me as a threat because of my lifelong public service," DiResto said of Chapey, adding that he chose the name because government needs "to keep families in our city."

Chapey's campaign defended its actions.

"If an individual wants to seek office, they have to have a competent campaign," spokesman James Wu said.

Sam Dibernardo, a candidate in the 32nd District, and Angel Del Villar, a candidate in the 21st District, also were disqualified for not having sufficient signatures.

The board's rulings leave four candidates in the 32nd District field: Eric Ulrich, Mike Ricatto, Lew Simon and Chapey.

At Monday's hearing, Ulrich is set to make an unusual challenge to Ricatto's petitions, which state his name as "Mike Ricatto." Ulrich's attorney, former Councilman Tom Ognibene, said the petitions are "misleading" because two people named Mike Ricatto live at the candidate's address - the candidate, Michael P. Ricatto Sr., and his son, Michael P. Ricatto Jr.

"It's impossible to tell which Michael P. Ricatto is the actual candidate," Ognibene charged.

Ricatto spokesman James McClelland called the argument a "last-ditch effort," and said the campaign is confident it will prevail in court.

jlauinger@nydailynews.com

Six Bounced From Feb. 24 Ballot by Elizabeth Benjamin - The Daily Politics - NY Daily News

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Elections commissioners voted today to remove from the ballot six of the 22 candidates who filed petitions to run for three vacant City Council seats in the Feb. 24 special elections.

The candidates bounced were:

- Frank Gulluscio (Community First), 32nd CD.

- Glenn DiResto (Families First), 32nd CD.

- Sam Dibernardo (Independent), 32 CD.

- Anthony Cosentino (Common Sense and Experience), 49th CD.

- Rajiv Gowda (People First), 49th CD.

- Angel Del Villar (Community First), 21st CD.

In every case but Dibernardo's, the commissioners were acting based on challenges (generally filed by people close to or representing other candidates).

Dibernardo was far short of the 1,098 signature threshold - he only filed 30 pages of petitions - and the commissioners acted on their own accord to remove him from the ballot.

Former Sen. Marty Connor, who is now a full-time election attorney, which used to be something of a sideline when he was still in office, called in to say he had succeeded in two of the three cases he was handling today.

Connor, whose client is Geraldine Chapey (Community First, 32nd CD), said it was clear Gulluscio didn't have enough signatures after 1,436 of the 2,465 he filed were ruled invalid.

In DiResto's case, Connor reminded the commissioners that statute forbids any candidate to run on a line that uses all or part of an existing political party's name. "Families First" runs afoul of this rule beacuse of the existence of the Working Families Party.

Connor was hoping to bump Eric Ulrich from the ballot, too, but he withstood the challenge and made it onto the ballot. Connor said he plans to go to court Monday both to defend the commission's decisions on DiResto and Gulluscio and to take another crack at Ulrich.

Working Families Party Hit List by Sal Gentile - City Hall News

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The Working Families Party is gearing up for the 2009 City Council elections—and getting ready to pick a fight with anyone who voted to extend term limits. There are a few Council Members who seem especially vulnerable, according to political insiders, either because they would make for potential examples or because their voting records have rubbed the WFP the wrong way:


Alan Gerson: The WFP proved that it had a formidable ground operation in lower Manhattan when it helped put Daniel Squadron over the top in his primary challenge to 30-year incumbent Marty Connor in September. Gerson was known as a good-government type until his vote on term limits, making him an especially appealing target. And the WFP has experience going up against Gerson: the party endorsed one of his opponents, Rocky Chin, in 2001. He came within 700 votes then, and the Chinese-American community—which also went for Squadron this year—has only grown as a political force since then.

David Yassky: The WFP has already targeted Yassky once this year, with mailers in his district urging constituents to contact his office about term limits. Their point person—and the only WFP member on the City Council—Letitia James has been openly coordinating with some of Yassky’s potential opponents on her lawsuit against the mayor’s bill. And the WFP has proven its strength in North Brooklyn, where its progressive and labor-friendly issues resonate especially well.


James Sanders: The WFP essentially made Sanders a City Council Member in 2001, when he failed to get the backing of the Queens Democratic Party. But Bertha Lewis, the national chief organizer for Acorn and a leader in the Working Families Party, publicly called him out in The New York Times in September for his prolonged indecision on the term limits issu. He was also a target of the WFP’s term limits mailers, and once he voted for the bill, one of his main opponents—Marquez Claxton, who has won the endorsements of some of Sanders’ fellow council members—began courting the WFP.

Darlene Mealy: Mealy is another Council member who owes much of her success to the WFP. She defeated a much more established candidate, former Assembly Member William Boyland, in 2005 with the WFP’s strong organizational support. But she made herself one of the most public figures in the term limits debate when she came out strong against the mayor’s bill—only to reverse herself, and cross the WFP, in the final vote. The WFP may want to make an example out of her as well.

Kendall Stewart: Stewart was viewed as vulnerable even before he voted for the mayor’s term limits bill, after the indictments of two of his staffers on charges of fraud and embezzlement. That ethics cloud crippled his campaign for State Senate this year, in which he was defeated by Sen. Kevin Parker, who won the WFP endorsement. Stewart’s district is two-thirds black, and the WFP is particularly strong in the predominantly black communities of Brooklyn. Stewart has shown difficulty raising money and institutional support, so the WFP may see him as an easy target. Not to mention that one of his opponents—Rodrick Daley, a teacher—is a member of the United Federation of Teachers, which also opposed the mayor’s bill.

Larry Seabrook: Before term limits were extended, Seabrook’s Northern Bronx seat had already attracted one of the more crowded fields in the city. He was one of the more prominent players in the behind-the-scenes drama that unfolded over term limits, reportedly helping convince Darlene Mealy to change her vote. The WFP has never backed Seabrook, and may look to make inroads in his district, which is predominantly black. Plus, Seabrook has attracted a lot of criticism for his financial dealings over the years—he was fined by the campaign finance board for abuses of campaign funds, and was implicated in the slush fund scandal for his use of discretionary funds. He has not been charged.

Helen Sears: Should she run for re-election, Sears will face two well-established challengers who have said they will go ahead with their campaigns regardless of the term limits extension. Daniel Dromm, a longtime gay rights activist and teacher, was expected to get the backing of the Queens Democratic Party before term limits were extended. And Alfonso Quiroz has raised a sizeable war chest for his Council campaign. Sears has kept a fairly low profile in the Council, and the demographics are changing in her district—there are growing Hispanic and Asian-American communities there—both of which might make her a prime target for the WFP, should it back one of her opponents.

Letting Bygones Be Bygones by Elizabeth Benjamin - The Daily Politics - NY Daily News

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The Senate Democrats have been quick to forgive and forget when it comes to Sen. Chuck Schumer, to whom they've turned for help in their effort to oust the Republican majority.

Just last month, Schumer and the Senate Dems were on opposite sides of a primary battle that cost the minority its former leader, veteran Brooklyn Sen. Marty Connor, who was ousted by former Schumer aide Dan Squadron.

The Republicans argued that the loss of Connor and another incumbent Democrat, Sen. Efrain Gonzalez, to their respective primary opponents demonstrated weakness in Democratic conference.

But the minority has been quick to embrace Squadron, although there has been a bit more wariness where Pedro Espada, who beat Gonzalez, is concerned given his history of cozying up to the GOP.

Schumer played a crucial role in that race. He not only endorsed Squadron, providing a counterweight to the political neophyte argument, but also campaigned for him, helped him raise money and appeared on much - if not all - of his literature.

Now the senior senator plans to hit the streets and raise cash for Democratic Councilman Joe Addabbo, who is trying to knock Queens GOP Sen. Serphin Maltese off his perch. He's going to be making other appearances on behalf of other Democratic candidates as Election Day draws near.

Schumer has also endorsed several upstate Democratic Senate candidates, including Rick Dollinger (56th SD), David Nachbar (55th SD) and, more recently, Ken Dow (41st SD).

Photo: NY Observer - Getty Images

My Testimony to the NYS Senate Democratic Task Force Hearings on School Governance and Mayoral Control at Brooklyn Borough Hall...

Written Testimony of David M. Quintana – District 27 Parent

August 12, 2008

New York State Senate

Senate Democratic School Governance Task Force

Brooklyn Borough Hall, NY

“Oversight: Mayoral Control and School Governance”

I'd like to start off by thanking Senator Martin Connor and Senator Martin Malave-Dilan for hosting these hearings and for giving me the opportunity to voice my serious concerns with mayoral control and the present school governance system on behalf of the students and the parents of NYC Public school children...

My name is David M. Quintana, I'm a parent, the former Co-President of the MS210 Parents Association in Ozone Park and former District 27 Representative to the Chancellor's Parent Advisory Council (CPAC), the Recording Secretary at the High School for Art, Imagination and Inquiry at the Martin Luther King, Jr campus in Manhattan, presently a member of Community Board 10 Education Committee, a member of the citywide parent group, Class Size Matters and a member of the recently formed NYC Parents Commission...

I am the proud parent of two school-aged daughters and a product of the NYC Public Education system in District 27 – a graduate of PS 60, MS 210 & John Adams High School.

In my humble opinion, the almost seven year experiment of Mayoral control of our public school system has proved to be a dismal failure...Many speak about “tweaking” the system but I think it is in serious need of a massive overhaul...

Parental involvement has been ignored by the present Administration, many major decisions have been made with absolutely no input from parents or the public...I would recommend the dissolution of the DOE Office of Family Engagement and Advocacy and for it to be replaced by an independent Parents Union (or a suitable substitute) to provide NYC Public School Parents a greater voice in the education of their children...

I believe that the development of a whole child requires the reinstitution of the Arts, Music, Physical Education (Gym), Student Governments and the teaching of basic American Civics – so students can learn how a basic democracy works so they can make intelligent political decisions in their own and their families self interest as adults and concerned citizens...In most schools Civics has been replaced by standardized test prep periods...

I call for the Elimination of the NYPD presence in the schools, which I feel creates a prison-like atmosphere in our schools...As the NYCLU has also noted, in its determined effort to bring these official vigilantes under control, that "this massive presence would make the NYPD's school safety division the fifth largest police force in the country—larger than [those of] Washington D.C., Detroit, Boston, or Las Vegas."

I feel that we should put educators back into Tweed Courthouse and not corporate “media spin doctors” who misinform the citizenry about the problems in our schools...I would call for a serious reduction in the staffing of the DOE press/public relations departments...these are the people who have succeeded in convincing most people in NYC that Michael Bloomberg is the “education” Mayor, it's pure propaganda ...

I feel the six year experiment with Mayoral control of the NYC Department of Education has not achieved improved student performance...According to the most recent NAEP for NYC, tests scores are stagnant, there has been no significant gains in scores during this period of Mayoral control...

Mayoral control has eliminated the public election of community oversight bodies which violates the basic rights of our communities and parents to participate in their children’s education and these elected positions have been replaced in many cases by toothless tigers such as the Community Education Councils and the rubber-stamp Panel for Educational Priorities (PEP)...

The PEP membership needs to be reconstituted in a fair manner to eliminate the total control the Mayors Office has on it with 8 of the members of the 13 member Panel being named by the Mayor – The CEC's have virtually no power and are basically ignored by the DOE...

Mayoral control has resulted in educational leaders being replaced by lawyers and corporate consultants as policy makers and decision makers, causing widespread demoralization within the system...

Mayoral control has resulted in costly no-bid contracts to the detriment of the students classroom needs, such as the $80 million ARIS computer system...

Mayoral control has ignored the basic rights of parents and our children and has had a major negative impact on an entire generation of student's elementary school experience; all of which has been driven by...

• High stakes testing and constant test preparation...

• Limiting the scope and depth of a comprehensive curriculum...

• Lack of fulfilling special education mandates... and;

• Constant upheaval causing high anxiety...

I believe that City Council members should have authority to monitor schools within their districts...and;

I feel the NYC Public Advocate or the NYC Comptroller should have authority to oversee and assess the Department of Education performance city-wide;

I respectfully implore that NYC's contingency of New York State legislators respond to this educational catastrophe and malfeasance by eliminating Mayoral control and remodeling the school system based on a governance plan which incorporates local autonomy, school based decision making, parent and community involvement with strict oversight by independent bodies, the Public Advocate and/or NYC Comptroller and the City Council...

Thank you again to Senator Connor and Senator Dilan for allowing me to speak...

David M. Quintana

NYS Senate Democratic Task Force Hearings on School Governance and Mayoral Control at Brooklyn Borough Hall...

Senator Dilan and Senator Dilan speaking to UFT representatives...

Senator Dilan, me and Sam...

Senator Dilan and me...

Senator Martin Malave-Dilan and Senator Martin Connor...

Irene

Betty

Ellen Raider - ICOPE...