The Only Way to Reform the State's Tammany Hall-Created Election Laws
Legal election law expert and reform gadfly Aaron Maslow has a chance Tuesday (May 19) at the U.S. Court of Appeals for the Second Circuit, at 2 p.m., at the Moynihan Federal Courthouse, 500 Pearl Street, Manhattan, 9th floor courtroom, to effect real reform to the state's Election Law. The so-called good government groups, despite thousands of press conferences, have never resulted in one ounce of reform to the state's Election Law. Albany will never reform the Election Law that protects their Incumbent Protection Society. The only reform to ballot access in the last 20 years occurred because the Bush campaign tried to keep John McCain off the New York Primary Ballot in 2000. After the McCain campaign took the Republican Party to court, Federal District Court Judge Edward Korman ruled that ADs, EDs and totals on nominating petitions cover sheets did not have to be set forth. Judge Korman, who also ruled that candidates can correct their petition cover sheets for defects after they are submitted to the Board of Elections, did more than any Good Government group ever did to make a very restrictive ballot access system a little bit easier for challengers.
Maslow's lawsuit, captioned Lori Maslow, et al. v. Board of Elections in the City of New York (Court of Appeals Docket No. 08-3075-CV), seeks to eliminate the need for petition carriers to be registered voters and enrolled party members. He says that the ability of people in other parties (or those not registered in any party) to contribute funds for hiring party member petition carriers, makes limiting petition carriers to party members unconstitutional. He also says that allowing Notaries Public and Commissioners of Deeds who live outside the state and are not party members to petition to collect signatures violates the Equal Protection rights of in-state residents who are not party members and cannot collect signatures.
The current witness requirements under challenge date back to 1951 when, during the Cold War, the State Legislature enacted the "Travia Act." Designated in part to put the left-wing American Labor Party out of business, the legislative history also reveals that that the sponsors intentionally wanted to make it more difficult for insurgents to challenge candidates backed by the regular party organizations.
In 1999, in Buckley v. American Constitutional Law Foundation, the U.S. Supreme Court held unconstitutional Colorado's requirement that referendum petition witnesses be registered voters. The Plaintiffs in Maslow are asserting that the Buckley decision applies to candidate petitions to qualify for the primary election in New York. Three federal Courts of Appeals (6, 7th, and 9th Circuits) and various federal District Courts have applied Buckley to candidate petitions.
Not one paper or blog has picked up on the Maslow lawsuit despite his efforts to gain exposure for his reform effort. Perhaps the good government groups are too busy planning their next news conferences to help him. Also unwilling to help Maslow are the elected officials who put in one-house reform bills to help them build a reform following.
Either way, whatever the outcome at the U.S. Court of Appeals, this case looks headed for the U.S. Supreme Court. *** Update***Another Good Government Press Release Overhaul of Election System Is Urged Citizens Union argued that a reorganization and centralization of the elections system would make it easier for residents to vote and speed up the replacement of antiquated voting technology.
Nobody Asked Me, But . . . The Blue Wall of Silence which has been weakened inside the police department continues in full force with the city’s pols without media opposition. The Political Wall of Silence means nobody comments about Brian McLaughlin or any other pol caught in wrongdoing 'CAUGHT STEALING' POL SUED . . . With firehouses being closed and education budgets being cut, is it really wise to spend $50 million on an outdoor arena just so Marty Markowitz can hold his summer concerts? CONEY SOUND & FURY . . . The Catholic Church is not always outraged by pols who are pro-choice, esp if they control the budgets to their hospitals and other institutions BLOOMY GETS A 'PASS' FROM DOLAN . . . Something tells me the NYP does not like Mark Green MARK'S IFFY 311 BOAST . . . Back to the Future PILING ON THE TAXES NYERS PAYING EXTRA MONTH'S RENT IN NUISANCE FEES . . . Judges in Brooklyn are trying to stop an investigation into paying for judgeships which never ever happens in Kings County, just ask Clarence Norman: New York Post Takes on the Brooklyn Judiciary . . . Why limit it to Harlem when the entire city has been abandoned by the media A Newsroom to Cover the Disenfranchised Voices in Harlem . . . Did John Gotti or the bank's lobbyists write today's editorial in the NYT about credit card interest (or should I say usury) rates? 36 Percent Is High Enough . . . Bloomberg's handlers understand Hank Morris' Triangulation. His supporters include conservatives and orthdox Jews against gay rights and now he is leading the marriage rights movement Gay marriage battle draws huge rallies for and against; Mayor Bloomberg senses 'history' in making . . . The tangled web uncovered by True News' pension probe grows. . . If you want to predict where Albany's budget mess is going check out California. . . What a fake and phoney Golisano's Parting Shots
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Albany TAX CHEATS OWE STATE $250M: LAWMAKERS *** DN Editorial: Way off track The state's highest court has rendered a breathtakingly foolhardy decision that will severely hamper New York law enforcement authorities - including in anti-terror investigations *** Michael Gormley writes that school taxes may be low this year, but they mask bigger issues *** Critics warn that the new state loan program signed into law by Gov. David Paterson could be risky for students and parents *** The Assembly passed 14 bills addressing issues important to people with disabilities in honor of the bipartisan Assembly Disabilities Awareness Day *** Paterson introduces legislation to expand health coverage for the young and unemployed and also reassert state control over insurance hikes *** Senate Majority Leader Malcolm Smith cofounded one of the companies seeking an Aquaduct VLT contract *** Smith tells graduates of Morrisville State College to “change the world.” *** Some Assembly members didn’t get any pork this year; some opted out *** Sweeping changes could be in the offing for the state's OTBs *** For African-American Senators, a 'Thorny Dilemma' in the Politics of Same-Sex Marriage *** Racial Disparities Found Under State Health Plans *** Paterson Calls for a New Ethics Commission *** Update *** Director of State Ethics Panel Resigns
What they said:
WHY NY'S BOOKS ARE OUT OF WHACK By THOMAS P. DINAPOLI (NYP)
What they mean:
How can I get the public's mind off the the pension pay-to-play scandal? I'm paying all these high priced campaign consultants (not Morris) to improve my image to trick the public into thinking I am a reformer.
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National REGIONAL ERR-LINES BIG-COMPANY LOGOS DISGUISE LITTLE CARRIERS *** Study links cigarette changes to rising lung risk *** Furloughs to close NJ MVC offices Mon. *** Understanding America's Shift on Abortion *** Prosecutors Block Access to DNA Testing for Inmates *** As Alaska Glaciers Melt, It’s Land That’s Rising *** Earthquake Shakes Los Angeles Area *** Dropout Factories By focusing on remaking a small number of troubled high schools, the country stands a good chance of keeping in school millions of students who would otherwise drop out, NYT Ed *** Baseball Tickets Too Much? Check Back Tomorrow *** Economy limiting services of local police... *** New Yorker: Chief Justice Roberts Has Served Interests And Reflected Values Of The GOP *** Jason Linkins TV SoundOff: Sunday Talking Heads *** Hardware snafu for shuttle astronauts *** The Right-Winger on the Supreme Court *** Philadelphia Debates Tax Break Program *** Court Overturns Maternity Ruling *** Chief Justice Roberts: No More Mr. Nice Guy - Jeffrey Toobin, New Yorker *** America's Spy Agencies Are Being Undermined - Washington Times *** Schwarzenegger Pleads for Passage of Budget Measures - Los Angeles Times *** Rising Incomes May Help Dems Avert Election Debacle - Bloomberg
Wall Street Mess THE WEEK'S WINNERS AND LOSERS *** Are Madoff's Clients Victims Or Accomplices? *** Questions raised over philanthropist tied to Madoff *** So Far So Good It looks as if Chrysler will emerge from its restructuring a more sensible company. But still looming is the fate of General Motors, NYT Ed *** Cellphone Makers Hope for a Blockbuster Summer *** G.M. Seeks More Imports From Low-Wage Regions *** BusinessOusted CEO Wagoner Still On GM's Payroll As Treasury Mulls $20M Severance Package *** Trump Reveals Secrets Of His Financial Worth As Part Of Lawsuit Against Writer *** Madoff Victims Are Investigated *** Trump Explains How He Values His Empire *** Soak the Rich, Lose the Rich - Arthur Laffer & Stephen Moore, WSJ
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People and Places TV KID A CLUB KING MASON REESE IN COMEBACK *** Jamie Foxx to Play Sinatra? *** Woody Goes to Court
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