Absentee Voting in Columbia County

This story needs more press attention. (4.00 / 4)

WAMC has covered the story a bit, but the Times-Union and other regional and Statewide papers have ignored it... even though a negative outcome to this fight would have effects on absentee voters all over New York State.

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by: Hudson @ Mon Dec 07, 2009 at 23:13:18 PM UTC

Useful primer on dual-residency voting (4.00 / 2)

The courts have already established that a person with more than one residence may choose which of these residences they deem to be "a principle" one as far as voting. The legalities are well-covered at this site:

http://www.countryvote.org/dua...

http://countryvote.org/sources...

There is a good reason why courts have sided with voters on this matter in the past: Trying to sort out which is someone's "main" home is just too subjective a task. What do you do with a traveling salesman, or someone like John McCain who has seven homes? So long as people don't have "sham residences" and don't vote more than once, the precedents are clearly in favor of the voter designating which they prefer.

A crucial distinction is that the definition of "a principle residence" (the word "a" becomes important here) is different than that of "your primary residence" for other purposes. The GOP is trying to elide this key distinction in the press, but it has not been lost on the courts in the past.

Mainly the Ciampoli-Paroli voter disenfranchisement team is attempting to intimidate voters with the mere threat of subpoenas and private investigators talking with their landlords, rent control boards, etc. But the Roli-Poli team knows that legally they have little ground to stand on here; yet the mere possibility of jeopardizing someone's apartment will, they hope, scare some out of exercising their legitimate rights.

It is also worth noting that thus far, Roli-Poli have not produced a shred of evidence of anyone voting in more than one place, or even a shred of evidence that people have other residences... The Columbia County BOE did not require them to do so in order to lodge challenges; and their hatchet man, Jim Walsh, failed to include any such details in his brief to the court last Friday.

Finally today (as I understand it, though this is secondhand info) Republican Judge Nichols required Ciampoli to present some sort of justification for these residency challenges by tommorrow morning.

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by: Hudson @ Mon Dec 07, 2009 at 23:50:26 PM UTC

Voting Rights in Columbia County (4.00 / 2)

One of the amazing aspects of this story is that the Columbia County Republican Chairman is a guy named Greg Fingar, and he is a partner in a prominent local insurance agency.  His advertisements indicate that he is actively seeking business from weekenders and seasonal home owners, so he is very likely challenging the ballots of some of the very people whom he insures.  This is either chutzpah in the extreme, or just plain stupidity and a failure to connect the dots-- it's not clear which it might be.

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by: global yokel @ Tue Dec 08, 2009 at 00:05:26 AM UTC

A Boycott of Fingar (4.00 / 1)

A boycott of Fingar Insurance has been initiated by a group of concerned residents of Columbia County.
See:
http://boycottfingar.blogspot....
or
On Facebook:
http://www.facebook.com/pages/...

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by: DiamondStreet @ Tue Dec 08, 2009 at 02:59:03 AM UTC

[ Parent ]

Please (4.00 / 6)

You must also send:
*your report card from the fall of 7th grade
*a copy of the Book of Kings from the Bible, with all names redacted
*receipts from every donut you bought in March of 2003, with the address of the shop clearly displayed
*the FCC stickers from all electronic devices in your home
*a VHS of Sesame Street
*the express written consent of ABC Sports and the National Football League
*ticket stubs from every movie you have seen by yourself
*a photo with a celebrity (C-list or higher, please!)
*your Twitter password, with username redacted
*a commemorative stamp from either the Lake Placid, Atlanta, or Salt Lake City Olympics
*your cup size, with the number redacted
*your average daily caloric intake
*the answers to the following questions:
1) is it live, or is it Memorex?
2) Is she born with it, or is it Maybelline?
3) What is the other 56/100ths of 1% of Ivory soap made of?
*the high temperature on March 9th, 2010 (we'll be checking!)
*a 3 page essay on why Windows Vista failed
*a UK to US power converter
*a copy of The Albany Morning Times from before it merged with The Albany Union
*2 Turtle Doves
*a DNA Sample

Thanks!

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by: Amherst Guy @ Tue Dec 08, 2009 at 00:20:47 AM UTC

Thank you, Amherst... (4.00 / 2)

for making me smile at the end of a very long day.

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by: GallatinDan @ Tue Dec 08, 2009 at 00:29:22 AM UTC

[ Parent ]

Going to an appeal (4.00 / 1)

The appellate division has agreed to hear the appeal of Judge Nichols pathetic, rambling and non-sensical ruling of last week, denying the democrats motion to dismiss the case.  The hearing is scheduled for 1 PM Wednesday 16 December.

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by: DiamondStreet @ Tue Dec 08, 2009 at 02:53:00 AM UTC

Wow ! A long-time GOP voter chimes in.... (4.00 / 4)

http://www.ccscoop.com/news/09...

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by: global yokel @ Tue Dec 08, 2009 at 04:45:53 AM UTC

That letter is awesome. (4.00 / 1)

Must read.  

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by: Hudson @ Tue Dec 08, 2009 at 05:02:28 AM UTC

[ Parent ]

Voting (0.00 / 0)

Everyone has the right to vote. Surely there are lost of requirements that a voter should bring with them during registration.

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by: americanfridge @ Tue Dec 08, 2009 at 06:27:33 AM UTC

The requirements are minimal. (0.00 / 0)

And normally, once the BOE accepts your registration, that is considered presumptive evidence that you are entitled to vote.

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by: Hudson @ Tue Dec 08, 2009 at 19:26:58 PM UTC

[ Parent ]

They're thinking of the 756 votes Tedisco lost the (4.00 / 1)

special election by.

No surprise a Republican judge would not dismiss this ridiculous lawsuit.

This might have an interesting interplay on disagreements/ lawsuits regarding home assessments.  Second home owners realized that assessors over-valued second homes and undervalued homes of the 'natives.'

Disallowing 2nd home owners from voting in local elections where their homes are disenfranchises them from weighing in on town matters that affect the value of their home and the taxes that they pay. [Talk about 'no taxation without representation.]

Disenfranchising second home residents for voting in the town where their 2nd home islocated isn't going to work.

But trust the Reepublicans to stretch this out as long as they can.

HylasBrook

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by: HylasBrook @ Tue Dec 08, 2009 at 14:12:39 PM UTC

How Come (4.00 / 3)

It's ALWAYS the Republican Party that put up voter requirements?  Remember 2000 and 2004 and how they disfranchised voters in Florida and Ohio?  I guess they know they can't win unless they prevent voters from going to the polls.  

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by: ROSALIE907 @ Tue Dec 08, 2009 at 18:56:26 PM UTC

Good point (4.00 / 2)

I don't think I've ever heard of a single election dispute in which Republicans wanted more ballots counted than the Democrats...

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by: Hudson @ Tue Dec 08, 2009 at 19:26:07 PM UTC

[ Parent ]

We had to go to court (4.00 / 1)

on a frivolous challenge to our entire town ballot (incumbents all) because the Republicans tried to get our caucus ruled invalid.

They believe in winning by means. Any means at all.  

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by: Andrew C. White @ Wed Dec 09, 2009 at 01:27:53 AM UTC

[ Parent ]

Tom Spargo (4.00 / 1)

favorite election lawyer of Joe Bruno and New York State Republicans disbarred for shaking down lawyers in his courtroom when he was a Supreme Court judge.

This is just the sort of people we are dealing with. With Spargo out of the way it is Ciampoli taking the lead in their vote stealing activities.

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by: Andrew C. White @ Wed Dec 09, 2009 at 01:30:18 AM UTC

[ Parent ]

Couldn't happen to a nicer guy... (0.00 / 0)

He got me knocked off the Independence line.

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by: Historical Pessimist @ Wed Dec 09, 2009 at 03:21:05 AM UTC

[ Parent ]

The one upside to all this... (4.00 / 1)

... is that the GOP are creating a giant set of voters who will not only never vote Republican, but will also donate heavily to the Democrats. And tell all their friends and family about what schmucks the Republicans are.

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by: Hudson @ Tue Dec 08, 2009 at 19:28:11 PM UTC

Congressman Scott Murphy just weghed in (4.00 / 2)

Just received the following in my inbox:

[redacted],

As the Special Election reminded us earlier this year, every vote counts. The same dirty tricks that were employed to disenfranchise the voters of the 20th District this past March are once again being used against the voters of Columbia County following their most recent election.

Immediately following Columbia County's recent local and countywide elections, a frivolous and misguided lawsuit was introduced that aims to disenfranchise thousands of legal voters. Discriminatory lawsuits such as this are nothing more than an attempt to achieve a political result in conflict with what the citizens legally voted for at the ballot box. The lawsuit, if successful, will disqualify the votes of legally registered voters who were unable to vote in person on Election Day but were granted absentee status from the local board of elections.

Although New York State courts have consistently ruled against similar lawsuits, legal proceedings can still be a long and expensive process. I know from my own experience during March's Special Election that an extensive amount of time, effort and financial support are needed to be successful. So, please help my friends in Columbia County by making a donation to their legal defense.
Can you make a donation of $25, $50, $100 or even $500 today? Please send a check made payable to the Columbia County Democratic Committee at PO Box 507, Ghent, NY 12075, or visit www.ActBlue.com/page/cocoabsenteeballots to make a secure online contribution.

It is imperative that we provide the necessary resources to ensure that every vote be counted. Anything less would be a disservice to the citizens of Columbia County.

I must stress that the implications of this lawsuit reach far beyond the borders of Columbia County. If successful it would effectively disenfranchise thousands of New Yorkers in future elections. Prevent this from becoming a precedent ahead of next year's state and federal elections by making a donation today!

-Scott

P.S. Please visit the Columbia County Democratic Committee's website http://www.columbiadems.net/ to learn more about the ongoing legal battle and to make a secure online contribution.

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by: Andrew C. White @ Tue Dec 08, 2009 at 19:58:57 PM UTC

Where has Murphy been? (4.00 / 1)

This has been going on for over a MONTH now. Local and County Dems have been calling on him to get involved. Emails to staff? Ignored. And all this could have been avoided if Berger and Ciampoli hadn't made a deal last spring to seat Scott without resolving the residency issue. A little late there, Scott. Now local people are paying out-of-pocket for Murphy's selfish decision.

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by: Hudson @ Tue Dec 08, 2009 at 22:45:24 PM UTC

[ Parent ]

Note (4.00 / 1)

Berger and Ciampoli settled the spring election fight by agreeing that opening the contested ballots in Murphy's race, if doing so wasn't construed as a precedent that would prevent these second home voters from being challenged on the same basis again.

Murphy must have accidentally left that bit out of his message.

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by: Hudson @ Tue Dec 08, 2009 at 22:50:39 PM UTC

[ Parent ]

You never heard back from him? (0.00 / 0)

That's a shame. I was hoping this was a sign that he had gotten involved. I know you were reaching out to him immediately after election day about this issue.

Peace,

Andrew

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by: Andrew C. White @ Wed Dec 09, 2009 at 01:21:43 AM UTC

[ Parent ]

Nope. (0.00 / 0)

Not a peep.

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by: Hudson @ Wed Dec 09, 2009 at 06:21:12 AM UTC

[ Parent ]

Nothing special here (4.00 / 1)

Remember when George W. Bush fired a bunch of U.S. attorneys because they wouldn't pursue phony "voter fraud" cases?  Republicans across the country are doing everything they can to disenfranchise voters, whether it's requiring two forms of picture I.D. every time you vote to challenging everyone with a Jewish name to making sure there arent' enough voting booths in black areas of several states (Ohio, for instance).

I'm that close to putting together a group to go into the poll sites next year and challenging the registration of everyone who is registered as a Republican, just to give them a taste of their own medicine.  The thought of millions of Republicans not going to the polls because they don't want to put up with the hassle of having to prove they're legitimate just warms my toes.

Or perhaps that feeling is just the fires of hell, reminding me that I'm better than that.

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by: Dan Jacoby @ Tue Dec 08, 2009 at 21:23:41 PM UTC

That's the Republican way. When I was a poll watcher in (4.00 / 1)

Canaan (in Columbia County) the Republicans always came to the election with a list of voters they wanted to challenge.  Some of the challenged voters ended up having to fill out provisonal ballots until the challenge was resolved.

Depressing the vote any way they can is item #1 in the Republican playbook.

HylasBrook

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by: HylasBrook @ Wed Dec 09, 2009 at 04:07:49 AM UTC

[ Parent ]

voting rights (4.00 / 2)

I wonder if Scott Murphy and Gillibrand can throw any of their $$ at this?  I would think $10 or $20K would go a long way toward helping the Demorats with their legal fees.

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by: global yokel @ Tue Dec 08, 2009 at 22:05:46 PM UTC

Judge Nichols Issues a Stay (4.00 / 1)

At the end of todays hearing, Judge Nichols agreed to Kathleen O'Keefe's request for a stay.  There will be no further action in Columbia County (thankfully) until the Democrats appeal is heard next Wednesday Dec 16th in Albany.

The most up-to-date information about this case can always be found at http://columbiadems.net

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by: DiamondStreet @ Tue Dec 08, 2009 at 22:52:11 PM UTC

Great news (0.00 / 0)

Thanks for the updates, Diamond Street.  We can't all be in the court room--or the Elk's Lodge--every day.

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by: Hudson Dan @ Wed Dec 09, 2009 at 03:23:12 AM UTC

[ Parent ]

The Appeal (4.00 / 2)

Now that the appeals court has taken this case, it might turn out that Greg Fingar and the Columbia County Republicans will end up putting another legal precedent on the books that validates the right of second-home owners to vote upstate.

Please pass the popcorn, this is getting to be fun...!

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by: global yokel @ Wed Dec 09, 2009 at 06:49:18 AM UTC