COMMISSIONERS LEGAL RIGHTS
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2 COMMISSIONERS LEGAL RIGHTS TWO BY TWO: THE BIPARTISAN WAY! SAYS WHO? THE NYS ELECTION LAW (2) EACH BOARD SHALL CONSIST OF TWO ELECTION COMMISSIONERS, EXCEPT THAT THE COUNTY LEGISLATIVE BODY OF A COUNTY HAVING A POPULATION OF MORE THAN ONE HUNDRED AND TWENTY THOUSAND MAY, BY LOCAL LAW, INCREASE THE NUMBER OF COMMISSIONERS TO FOUR, TO BE APPOINTED AS PROVIDED IN THIS TITLE. EACH OF THE MAJOR POLITICAL PARTIES SHALL BE ELIGIBLE TO RECOMMEND APPOINTMENT OF AN EQUAL NUMBER OF COMMISSIONERS.
3 COMMISSIONERS LEGAL RIGHTS NO SOLOS HERE, ONLY DUETS! (2) ALL ACTIONS OF THE BOARD SHALL REQUIRE A MAJORITY VOTE OF THE COMMISSIONERS PRESCRIBED BY LAW FOR SUCH BOARD. FORWARD MOTION REQUIRES COOPERATION. IN ELECTION LAND, WE CANNOT JUST AGREE TO DISAGREE. WE HAVE THE ELECTION LAW, STATE BOARD, AND RESOURCES TO GUIDE US, BUT SOMETIMES WE NEED A BIT OF A PUSH!
4 COMMISSIONERS LEGAL RIGHTS COMMISSIONER VS. COMMISSIONER WE ALL UNDERSTAND THE REALITY OF OUR EXISTENCE. ONE DEMOCRAT, ONE REPUBLICAN. RECOMMENDED FOR APPOINTMENT BY OUR RESPECTIVE PARTIES. WE ADVOCATE FOR OUR CANDIDATES, BUT WE DO SO IN A WAY THAT DOES NOT COMPROMISE THE OATHS WE HAVE TAKEN, THE VALUES WE UPHOLD, AND THE INTEGRITY OF OUR OFFICE.
5 COMMISSIONERS LEGAL RIGHTS SOMETIMES THE ROAD IS A BIT BUMPY - LIKE WHEN OUR CANDIDATES WANT US TO RULE A CERTAIN WAY, DESPITE REALITY! - WHEN THERE ARE DIFFERENT INTERPRETATIONS AND WE END UP IN COURT OFFERED A UNIQUE OPPORTUNITY FOR ELECTION LAWYERS: THE WEP!
6 COMMISSIONERS LEGAL RIGHTS ALL KIDDING ASIDE, THE ROCKLAND WEP BATTLE WAS UNIQUE. MOST PROCEEDINGS INVOLVED TIMELY OBJECTIONS AND A SPLIT DECISION BY THE COMMISSIONERS. ROCKLAND: NO TIMELY OBJECTIONS. THEY WERE RULED INVALID BY BOTH COMMISSIONERS. GENERAL AND SPECIFICS FILED AT THE SAME TIME, BUT CANDIDATES WERE NOT PROPERLY SERVED BY CERTIFIED MAIL AS OUR PROCEDURES REQUIRE.
7 COMMISSIONERS LEGAL RIGHTS NO OBJECTIONS? OKAY, JUST GO TO COURT. ROCKLAND: COURT PROCEEDING NOT TIMELY FILED. IN FACT, NO PROCEEDING TO INVALIDATE WAS EVER FILED AGAINST THIS CERTIFICATE OF NOMINATION. SO, HOW DO STAKEHOLDERS NAVIGATE AROUND THESE ROAD BLOCKS, WHICH CREATE A SIGNIFICANT STANDING ISSUE? REPUBLICAN COMMISSIONER BRINGS AN ACTION AGAINST THE DEMOCRATIC COMMISSIONER. COUNTY ATTORNEY DIRECTS BOTH COMMISSIONERS TO RETAIN OUTSIDE COUNSEL.
8 COMMISSIONERS LEGAL RIGHTS HYBRID PROCEEDING: ARTICLE 78 AND ELECTION LAW. PETITIONER SEEKS TO SET THE FORM OF THE GENERAL ELECTION BALLOT. RESPONDENT BRINGS MOTION TO DISMISS -STANDING ISSUE, COMMISSIONER IS NOT PARTY CHAIR, AGGRIEVED CANDIDATE, OR PERSON WHO BROUGHT OBJECTIONS. -PETITIONER S PLEADINGS DEFINE AS ACTION, BUT IT IS ACTUALLY A ACTION. STATUTE OF LIMITATIONS. TIME BARRED. -BOARD OF ELECTIONS COMMISSIONERS LACK STANDING TO COMMENCE PROCEEDINGS UNDER ARTICLE 16 OF THE ELECTION LAW.
9 COMMISSIONERS LEGAL RIGHTS DECISION: - PETITIONER SEEKS TO INVALIDATE CERTIFICATE OF NOMINATION, DESPITE DEFINING ACTION AS A BALLOT QUESTION. TIME BARRED. - PETITIONER DOES NOT HAVE STANDING. - DECISION CANNOT REACH THE MERITS (RULES AND AFFIDAVIT ISSUES). COMMISSIONERS ARE TWO PARTS OF ONE WHOLE. THEY MUST ACT JOINTLY.
10 TWO BY TWO, REMEMBER? THIS BRINGS US TO PETITIONS. COMMISSIONERS RULE JOINTLY AS A BOARD. WHEN THEY SPLIT, THERE ARE CLEAR GUIDELINES. WHAT HAPPENS WHEN THE USUAL PROCESS IS DERAILED?
11 PETITION CHALLENGES PRESUMPTION OF VALIDITY OR THE BACKBONE OF PETITION REVIEW. PRIMA FACIE REVIEW UNLESS OBJECTED TO YOU KNOW THE DRILL: SPLIT VOTE, PRESUMED VALID. ONCE THE BOARD RULES, THE PROVERBIAL HORSE HAS LEFT THE BARN. NO APPEAL PROCESS, NO RECONSIDERATION. WHAT HAPPENS WHEN THE PETITION REVIEW IS PRE- EMPTED, STALLED, RESTARTED, INTERRUPTED, ETC.?
12 PETITION CHALLENGES ROCKLAND S STICKY SITUATION CIRCA 2015 FAMILY COURT RACE 4 DEMOCRATIC CANDIDATES FILE PETITIONS. OBJECTIONS FILED BY CANDIDATE T AGAINST DESIGNATING PETITIONS FOR CANDIDATE N. CANDIDATE N GOES TO COURT TO CHALLENGE THE OBJECTIONS. GROUNDS: KEY IS INCORRECT AND SEVERAL CODES ARE MISSING. THEREFORE, CANDIDATE N DOES NOT HAVE ADEQUATE NOTICE OF OBJECTIONS.
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14 PETITION CHALLENGES NOT A PETITION TO VALIDATE. AN ACTION TO INVALIDATE THE OBJECTIONS. TIMING ISSUE: FILED BEFORE WE COMMENCED REVIEW. COURT RULES OBJECTIONS MUST BE REDACTED, 4 CODES REMOVED. ORDERS COUNTY ATTORNEY TO REDACT AND RETURN TO BOARD OF ELECTIONS. BOARD STARTS WORKING ON REDACTED OBJECTIONS. UNPRECEDENTED VOLUME OF OBJECTIONS. THE OBJECTIONS FOR THIS ONE CASE FILLS A BINDER.
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16 PETITION CHALLENGES NEXT COURT DATE. WE RE ALMOST DONE, BUT CANDIDATE T BRINGS A PROCEEDING TO INVALIDATE. ACTIONS ARE COMBINED. RAISES ISSUE RELATED TO CANDIDATE N S CASE. ONE CODE WAS THERE, BUT WAS NOT BOLDED. UH OH JUDGE AGREES. REDACTION MUST BE CHANGED. WHAT DOES THIS MEAN FOR US? 2 ND PASS THROUGH ON THE SAME PETITIONS!
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18 PETITION CHALLENGES BACK TO THE DRAWING BOARD. REVIEW ALL PETITION PAGES AGAIN, LOOKING FOR NE OBJECTIONS. ADD BOTH REVIEW SHEETS TOGETHER TO GET NUMBER OF SUSTAINED OBJECTIONS. RECIPE FOR DISASTER! JUDGE ORDERS BOTH SIDES TO COME TO BOARD TO REVIEW AND COME TO AN AGREEMENT. STIPULATE AS TO THE NUMBER OF VALID SIGNATURES.
19 PETITION CHALLENGES CANDIDATES WORK WITH US. BACK TO COURT. CANDIDATE N RENEGES ON STIPULATED NUMBERS AND TRIES TO TURN ORIGINAL ACTION INTO A VALIDATION PROCEEDING. CANDIDATE T S INVALIDATION PROCEEDING MOVES FORWARD. PETITION INVALIDATED. CANDIDATE N MOTION TO RENEW AND REARGUE. DENIED. CANDIDATE N GOES TO APPELLATE DIVISION, WHICH AFFIRMS THE SUPREME COURT. CANDIDATE N 2 ND MOTION TO RENEW AND REARGUE. DENIED.
20 PETITION CHALLENGES SEVERAL POINTS RELEVANT TO OUR WORK: - EARLY COURT ACTION PRE-EMPTED OUR WORK AND CAUSED SIGNIFICANT ISSUES. - ELECTION PERSONNEL ARE HUMAN BEINGS. WE MAKE MISTAKES. IMAGINE HOW HARD IT IS TO RECHECK AND CONTROL FOR THOSE MISTAKES WITH REDACTIONS, CHANGES TO REDACTIONS, REVIEW OF THOUSANDS OF PIECES OF PAPER, AGREEMENTS, DISAGREEMENTS, AND PREVIOUS AGREEMENTS THAT FELL APART!
21 PETITION CHALLENGES WHAT KIND OF TIME ARE WE TALKING ABOUT? 302 PETITION PAGES. OVER 3,500 SIGNATURES. TYPICAL OBJECTIONS REVIEWED PER PAGE LOOKED SOMETHING LIKE THIS
22 PETITION CHALLENGES - COURT PROCEEDINGS INTERRUPTED OUR WORK AND MADE FOR A LOGISTICAL AND ORGANIZATIONAL NIGHTMARE. - SECOND RENEW AND REARGUE INVOLVED A CALCULATION ERROR. COURT RULED NO NEW INFORMATION; ERROR SHOULD HAVE BEEN FOUND BY CANDIDATE N. BOE CANNOT CHANGE A RULING. LETTER OF THE LAW, YES, BUT WAS THE OUTCOME FAIR TO CANDIDATE N? DID CANDIDATE N SUFFER BECAUSE OF THE PROCESS CREATED WHEN SHE FILED EARLY? IS IT JUST CONSIDERING SHE WAS COUNSELED REPEATEDLY BY THE JUDGE TO RETAIN AN ELECTION EXPERT?
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