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NY-26: What Is Wrong About Today's Decision

by: robert.harding

Mon Oct 27, 2008 at 17:02:08 PM EDT


In late September, Anthony Fumerelle, who was then running for Congress in the 26th congressional district on the Independence Party line, was nominated for a judgeship - in Queens. Of course, no one saw anything wrong with that. That freed up the Independence Party line. The Independence Party didn't contact Alice Kryzan, who was riding high after an upset victory in the Democratic primary. Instead, the Independence Party gave their line to Republican Chris Lee.

At the time, I saw a lot wrong with how easy it was for Fumerelle to get nominated and within moments, it seemed, Lee was able to get on the line.

Compare that with today's announcement that Jon Powers will remain on the Working Families Party line, robbing Kryzan of a minor party line of her own. By all accounts, Lee's awarding of the IP line went without incident. However, when the WFP line was going to be awarded to Kryzan, the Republicans decided to create a scene and challenge that.

Here are the facts:

(A) Jon Powers no longer lives in New York. The judge in this case admits that, but also contends that Powers living in Washington only means that he will not be in New York on Election Day. What? If a person no longer has a residency in New York, how can you make such a contention? It's not as if he had dual residencies. He's in D.C. now. That's where he is living.

(B) The judge also made this argument: "However, upon his nomination, he accepted the nomination. He did not decline the nomination, nor were there any challenges to his nomination." I believe the same could be said for Fumerelle, am I correct? Upon his nomination, he accepted the nomination. He did not decline it. The deal to get him off the ballot didn't take place until 16 days after Primary Day. So why doesn't the court review that as well?

(C) Bob McCarthy of the News says that this is a blow to Kryzan. I don't think it is. Late last month, Powers was only polling at five percent. I can't imagine he's polling any better now. In fact, I'm sure his numbers have dropped. Even with his name on the ballot, I can't see too many people voting for him. Unless, of course, they want to waste their vote.

(D) Lastly, this is what the Republicans wanted. Yes, Powers isn't polling well and will be a non-factor. But they know that people will vote for Powers. If the race is close, that could mean Powers serves as a spoiler, helping Lee. This decision only helps the GOP and Chris Lee. This decision does rob voters of the 26th district from having another line to support Alice Kryzan on.

This is an absurd decision and the rationale given by the judge for her decision boggles my mind. Nevertheless, we will push forward and I urge fellow citizens of the 26th district to vote for Alice Kryzan on the Democratic line. This is the kind of politics Tom Reynolds and Chris Lee adhere to. Let's keep Chris Lee away from Washington D.C. We don't need another Tom Reynolds. We need new, responsible leadership from a true progressive. That candidate is Alice Kryzan.

robert.harding :: NY-26: What Is Wrong About Today's Decision
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On principal (0.00 / 0)
I disagree that candidates should be allowed to be substituted after the primary

and

disagree even more that candidates should be allowed to appear on the ballot more than once

However:

The law is clear. This is a garbage ruling by a (surprise) 2-time Pataki appointee.


I think we can find some middle ground here... (0.00 / 0)
I disagree with you on your first point. I think candidates should be substituted if the situation arises. If you have a candidate that dies, you should be able to substitute that individual. If someone legitimately moves out of state (like Powers did), you should be able to replace that person too.

I disagree with the whole nominating someone for a judgeship to free up that ballot line. That, to me, is ridiculous. When we were having the judicial pay debate, the argument was made that we want people who are qualified. If we are nominating candidates for judicial seats just to free up the line, are we sending the right message?

As you know, I support fusion voting. I don't know what it is about Erie County and fusion voting (even my friend Buffalo Pundit) but there is this stigma on fusion voting and minor parties. Is it because of Orsini? I'm sure that's part of it.

The rationale for this ruling is poor. This was my favorite paragraph from McCarthy's piece:

The judge also said that while the Constitution calls for a congressional candidate to live in the state in which he seeks office at the time of election, Powers' relocation only "suggests" he will live in Washington on Election Day and does not preclude the possibility that he could move back and resume his candidacy on the Working Families line.

What? So he's going to move back to run for Congress then move back after Election Day? I don't understand what she is saying there. He has lived down there for some time now. It's not like he's keeping a residency here. So I don't understand that point. Pretty weak, if you ask me.  


[ Parent ]
We definately both agree (0.00 / 0)
that this ruling violates the existing law as written.

I happen to disagree with the law, but of course that's not a good enough reason to ignore it (looks like this justice has been taking tips from Scalia)


[ Parent ]
Working Families Party Statement (0.00 / 0)
The WFP put out this statement in response to the ruling:

We are a little shocked by what is really a very poor decision, but Working Families Party members and supporters won't stop all the work we're doing to help send Alice Kryzan to Washington.  Even if she doesn't have our ballot line, she has the support of Western New York's working families who so badly need a change from the last eight years of failed Republican economic policies.



The Ruling (0.00 / 0)
was the right one.  The U.S. Constitution is clear.  Article I, Section 2 - "No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."  

The case law is also clear from the Tom DeLay case that the term "when elected, be an Inhabitant of the State in which he shal be chosen."  He needs to be an inhabitant on Election Day regardless of whatever intent he displays earlier.  

The DCCC and the WFP were caught with their pants down on this.  All they had to do was read the damn case law and the United States Constitution and they would have known that they could not get Powers off the line.  


it was simple (0.00 / 0)
the decision was easy and the right one, especially with all the time that past after the primary  the cost of changing the ballots would have been costly as well all the other aspects. so lets just work hard and get Alice over the finish line


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