DeGrace's actions are illegal for two reasons:
1. First, the Republican chair issued the order on official Board of Elections letterhead without informing the Democratic Commissioner, Bill Biamonte. Under law, neither Commissioner can act unilaterally. By issuing orders without informing his Democratic colleague, DeGrace has violated election law.
2. The order issued by Judge Brandveen last night is still in effect while a stay is in effect. Until this stay is lifted in Appellate Court, Judge Brandveen's order is still in full effect. Judge Brandveen's order stated that all polls and all poll workers should have access to the letter issued by the Nassau County Attorney, and requiring elections workers to disregard this law is requiring them to disobey a court order.
Background
Republican State Chair Joe Mondello had made public statements advising Republican poll workers to make blanket requests for identification.
In response to this, Judge Antonio Brandveen of the Nassau Supreme Court issued an order Monday evening that all poll sites and all poll workers have access to a letter drafted by the County Attorney's office which stated such requests "may be considered voter intimidation, and could result in legal action against the County."
In addition, the County Attorney's letter stated: "I am requesting that you immediately notify all special election poll workers and inspectors that they must not request identification of any person seeking to vote, unless there is an "ID" notification next to the bar code for the voter name on the registration poll ledger prepared by the Nassau County Board of Elections."
This afternoon, Judge Thomas Phelan of the Supreme Court of New York State ruled that, due to a technicality, Judge Brandveen's order should not have been filed. However, an immediate stay on Judge Phelan's decision was put into effect, which means that Judge Brandveen's orders are in effect until this stay can be lifted.
The Commissioner's order is below:
Once again, this is what that "Spotlight" link at the end of every post is for.
Go for it.