Adam’s Law: Judges Can Call New General Elections, not Declare a Winner.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. March 24, 2004, UPDATED 5:30 P.M. E.S.T.: Assemblyman Adam Bradley’s Election Law Reform Bill he is sponsoring in the Assembly, and attempting to find backers for in the New York Senate, contrasts with Attorney General Elliot Spitzer’s Election Law Reform in that Bradley’s would not give Supreme Court Justices the power to declare the winner in an election dispute. Spitzer’s does.



The Bradley bill does allow judges to call for a new General Election to resolve a dispute for a proceeding contesting the results of an election to commence “within 14 days after the election or 3 days after the completion of a recanvass.” Bradley noted to WPCNR Tuesday that these time frames are open to negotiation.


 


The Bradley bill grants to the Supreme Court Judge a new power in evaluation of protested general elections:


 


“The court, in a proceeding involving a dispute over the winner of a general or a special election, shall order that a new election be held, if there is clear and convincing evidence that the wrong candidate was or would be determined to be the winner.”


 


Eliminates Usurpation.


 


Mr. Bradley’s bill, in enacted,  would prevent a repetition of the Glen Hockley-Larry Delgado situation where Mr. Hockley still occupies a Council Seat after 1 year and 3 months as an alleged “usurper” by Mr. Delgado’s quo warranto suit.


 


The Bradley Solution would carryover the existing officer currently in the contested office, so there would be no disruption of the ability to conduct government business while a new election was awaited to resolve the dispute between deadlocked or “in doubt” contests. The language of the bill reads:


 


“The provisions of section five of the public officer’s law shall apply to any candidate who held the office of the disputed candidates prior to the election that yielded the disputed results.”


 


Would Have Resolved Delgado Problem Faster.


 


Bradley, speaking to WPCNR by phone Wednesday, said that the current situation whereby Mr. Hockley occupies a council seat while Mr. Delgado is asking to be appointed to it, and Mr. Hockley removed, would not occur under this law. Speaking hypothetically, Bradley said either Pauline Oliva or Mr. Delgado, the incumbent, would continue to serve in the seat until the new general election called for by the judge were to be held.  Bradley’s bill would call for a new election, “the sixth Tuesday after the court’s determination is issued.”


 


“Dangerous” to Have Judges Declare Winners.


 


Bradley was asked why he did not concur with Attorney General Elliot Spitzer’s bill which gives judges the power to declare a winner in a disputed election.


 


He said he felt judges had the right to determine issues on the validity of ballots, but felt that allowing them to make a judgement on who the winner is would be a dangerous precedent, considering judges are themselves elected.


 


Bradley said the right to call a new election had to be based on “clear and convincing evidence,” which the bill in the form sent to WPCNR, does not spell out.


 


Clear and Convincing Evidence is Very High Standard: Bradley


 


Mr. Bradley, contacting WPCNR Wednesday afternoon, clarified to WPCNR  that the term “clear and convincing evidence” is a legal term and does not have to be spelled out, and constitutes a very high legal standard.


 


Bradley patiently explained that  “clear and convincing evidence”  was a standard term where circumstances in which a new election could be called did not have to be “spelled out,” and that what constituted “clear and convincing evidence” would vary upon the situation. 


 


Asked if the affidavits that Larry Delgado submitted to show proof that persons disenfranchised by the jammed voting maching in District 18, would be “clear and convincing evidence,” Bradley said “maybe, but at least the judge would have the right to call for a new election. Under present law, the judge does not.”


 


 


In the “Memorandum In Support of Legislation,” Mr. Bradley concludes,


 


“This law is important because it contains a mechanism to ensure fairness and transparency in elections throughout New York State by giving courts a meaninful remedy, and insuring that an aggrieved candidate can obtain a new election when it is clear that a losing candidate would otherwise be declared the winner.”

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School Nurses to Receive Substance Abuse Prevention Training.

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. March 23, 2004:  School nurses are on the front line dealing with drug- and alcohol-abuse, including the current trend of abuse of over-the-counter medicines. With that in mind, Westchester County is co-sponsoring a half-day training session Thursday, March 25 for school nurses. The event will take place at the Crowne Plaza, White Plains.

           


 County Executive Andy Spano will address the group at 10:15 a.m., outlining some of the county’s upcoming programs designed to deal with issues of underage drinking and abuse of illegal and legal drugs by teens.

            The event will run 8:30-11:30 a.m. Topics to be discussed include:


·        Alcohol and illicit drugs


·        Over-the-counter and prescription drugs


·        The role of the school nurse


·        The signs and symptoms of drug use and overdose


·        Legal issues, discipline and parent invovlment


·        Emergency procedures 


 


The event is sponsored by the county’s Stop-DWI Office, along with Student Assistance Services and  Zone 4 of the New York State Association of School nurses. 

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Saturday Night at The Cinema De Lux…

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WPCNR COMING ATTRACTIONS. From Cinema de Lux. March 24, 2004: See Scooby Doo 2: Monsters Unleashed at City Center 15 Cinema De Lux this weekend (March 26 -28) and receive great Scooby Doo 2 prizes including t-shirts, activity books, boook covers and much more! FREE (one item per customer, while supplies last)
Showtimes are occasionally subject to change without notice.
Click on a showtime to purchase tickets.

OPENING FRIDAY, March 26th

SCOOBY-DOO 2: MONSTERS UNLEASHED — Scooby and the gang launch an investigation when an anonymous masked villain wreaks mayhem on the city of Coolsville. Shaggy and Scooby don a series of far-out disguises in their search for clues as Velma investigates a key suspect, museum curator Patrick Wisely. Meanwhile, Fred and Daphne attempt to determine the identity of the Evil Masked Figure who is unleashing the monsters in an attempt to take over Coolsville. Matthew Lillard, Linda Cardellini, Freddie Prinze Jr. and Sarah Michelle Gellar return in this kooky comedy sequel. Rated PG

THE LADYKILLERS — From the directors of Raising Arizona and O Brother, Where Art Thou?, Tom Hanks stars as Goldthwait Higginson Dorr III, an eccentric professor-turned-criminal-mastermind. Dorr has assembled a gang of experts for the heist of the century; however, their plans are thwarted by his seemingly innocent little old landlady Mrs. Munson when she stumbles onto their plot. Dorr and his crew decide that they need to remove Mrs. Munson from the equation, but doing so proves to be more difficult than they expect. Irma P. Hall, Marlon Wayans and Stephen Root also star in this hilarious comedy caper. Rated R

JERSEY GIRL — Ollie Trinke is a smooth, Manhattan music publicist who just married the love of his life and has a child on the way – a perfect life that is upended when he suddenly finds himself a single father. Before long Ollie’s big city lifestyle clashes with fatherhood. After losing his job, he’s forced to move back in with his father in the New Jersey suburb where he was raised. With the help of a beautiful young friend and a daughter who gives him the courage to keep going, he begins to realize that sometimes, you have to forget about who you thought you were and just accept who you are. Ben Affleck, Liv Tyler and Jennifer Lopez star in this quirky romantic comedy. Rated PG-13

NEVER DIE ALONE — A hard-boiled kingpin drug dealer called King David returns to his hometown seeking redemption, but ends up facing death. His final moments are spent with an aspiring journalist named Paul. Although they have only a brief time together, reflecting on the consequences of his volatile life, King David makes a life long impression on Paul. DMX and David Arquette star in this thoughtful action drama. Rated R.


Wednesday, March 24, 2004  
Confessions of a Teenage Drama Queen (PG) –
12:05;2:20;4:35 pm. ;
Dawn of the Dead **(R) –1:25;4:20;7:20;10:00 pm. ;
Taking Lives **(R) –1:30;3:55;7:05;9:40 pm. ;
Starsky & Hutch **(PG-13) –6:55;9:20 pm. ;
Hidalgo (PG-13) –12:45;3:45;6:45;9:45 pm. ;
50 First Dates (PG-13) –1:15;3:50;6:20;9:05 pm. ;
Starsky & Hutch (PG-13) –12:25;2:45;5:05;7:25;9:50 pm. ;
Dawn of the Dead (R) –12:00;2:25;4:50;7:50;9:30;10:30 pm. ;
Taking Lives (R) –12:00;2:35;5:10;7:35;10:10 pm. ;
Spartan (R) –12:20;10:05 pm. ;
Secret Window (PG-13) –1:10;2:50;4:00;5:20;6:35;7:40;9:15 pm. ;
Agent Cody Banks: Destination London (PG) –12:15;2:30;4:45;7:05 pm. ;
Twisted (R) –1:20;4:05;6:30;9:25 pm. ;
The Passion of The Christ (R) –12:10;12:40;3:10;3:40;6:10;6:40;9:00;9:35 pm. ;
Eternal Sunshine of the Spotless Mind (R) –12:10;2:40;5:15;7:45;10:15 pm. ;

Thursday, March 25, 2004  
Eternal Sunshine of the Spotless Mind (R) –12:10;2:40;5:15;7:45;10:15 pm. ;
The Passion of The Christ (R) –12:10;12:40;3:10;3:40;6:10;6:40;9:00;9:35 pm. ;
Agent Cody Banks: Destination London (PG) –12:15;2:30;4:45;7:05 pm. ;
Hidalgo (PG-13) –12:45;3:45;6:45;9:45 pm. ;
Secret Window (PG-13) –1:10;2:50;4:00;5:20;6:35;7:40;9:15 pm. ;
Spartan (R) –12:20;10:05 pm. ;
Taking Lives (R) –12:00;2:35;5:10;7:35;10:10 pm. ;
Dawn of the Dead (R) –12:00;2:25;4:50;7:50;9:30;10:30 pm. ;
50 First Dates (PG-13) –1:15;3:50;6:20;9:05 pm. ;
Starsky & Hutch (PG-13) –12:25;2:45;5:05;7:25;9:50 pm. ;
Dawn of the Dead **(R) –1:25;4:20;7:20;10:00 pm. ;
Confessions of a Teenage Drama Queen (PG) –12:05;2:20;4:35 pm. ;
Taking Lives **(R) –1:30;3:55;7:05;9:40 pm. ;
Starsky & Hutch **(PG-13) –6:55;9:20 pm. ;
Twisted (R) –1:20;4:05;6:30;9:25 pm. ;

Friday, March 26, 2004  
The Passion of The Christ (R) –1:50;4:30;7:10;10:00 pm;12:30 am. ;
The Ladykillers **(R) –1:50;4:20;7:00;9:30 pm;12:10 am. ;
The Passion of The Christ **(R) –1:20;4:00;6:45;9:25 pm;12:00 am. ;
Starsky & Hutch (PG-13) –12:30;2:50;5:15;7:45;10:35 pm;12:45 am. ;
Dawn of the Dead (R) –12:00;2:25;4:50;7:15;7:50;9:45;10:15 pm;12:00;12:35 am. ;
Taking Lives (R) –1:40;4:25;7:05;9:50 pm;12:10 am. ;
Jersey Girl (PG-13) –12:00;2:30;4:55;7:25;9:55 pm;12:20 am. ;
Scooby-Doo 2: Monsters Unleashed (PG) –12:00;12:10;2:00;2:40;4:00;5:00;6:00;7:20;9:45 pm;12:05 am. ;
Hidalgo (PG-13) –12:15;3:15;6:15;9:15 pm;12:15 am. ;
The Ladykillers (R) –12:00;2:25;4:50;7:30;10:10 pm;12:30 am. ;
Never Die Alone (R) –12:30;2:45;5:10;7:35;8:15;10:05;10:40 pm;

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WPCNR Guest Editorial: Voting Act Jacks County Costs Unchecked.

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WPCNR GUEST EDITORIAL. By George Latimer. County Legislator, 7th District. March 24, 2004:  After extensive debate during our 2004 County Budget season, many County Legislators decried the proliferation of unfunded mandates from the State and Federal governments: Medicaid, Services to Children with Special Needs, State Retirement Benefits, etc. So two weeks later, the State Legislature now considers the next big new mandate ahead – HAVA – Help America Vote Act. Here we go again!


 HAVA purports to avoid the 2000 Florida debate by mandating electronic voting machines.  HAVA seeks the laudable goal of making polling places handicapped-accessible.  But who is going to pick up the bulk of the tab?  The County property taxpayers, that’s who.


New Voting Machines


 Westchester would need to buy 1,200 new electronic voting machines, at $6,000 per machine.  Total cost: $7.2 million.  Federal support expected – at best, $4 million.  State support expect – unsure, maybe zero.  County budget impact: $3 million at least.


Centralized Storage of Machines


 NY State Board of Elections is expected to require that the County Board of Elections take over costs and administration for all elections.  Good news for city, town and village budgets, which will drop such costs – but an incalculable expense on County taxes.  This takeover – unwanted by the County – means creation of a new central storage facility for electronic machines (which may require air conditioning and temperature control), and added transportation costs to ferry these machines to and from polling places.  No funding yet planned to offset these mandated County costs.



Polling Place Accessibility


 The costs of bringing every polling place into ADA – compliance is hard to estimate.  In many locations, a new polling place will be required; capital projects to correct these deficiencies in many places could trigger a massive expense.  No funding yet planned to offset these potential costs to the County.


Legislation has been passed by Congress to implement HAVA with hard deadlines – but minimal money ($200 million spread all across New York State).  So get ready; when the 2005 County budget comes around, remember the seeds were sown for a new round of mandated expenses under the umbrella of the much bally-hooed “Help America Vote Act”. 


 It is one more example of decisions forced on local governments during the course of the year, which voters only appreciate when the budget comes out at year’s end.


 


George Latimer


County Legislator, 7th District



 

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Mayor to Break Open the Sake Cask at TODAI Opening Friday at 4 in The Galleria.

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WPCNR MAIN STREET JOURNAL. March 23, 2004: TODAI, the wall-to-wall seafood buffet restaurant will open Friday afternoon at 4 P.M. with Mayor Joseph Delfino on hand to participate in the great Japanese  “Kagamibiraki” tradition of breaking open a Sake  Cask. The  event will feature a Taiko Drum Presentation by Taikoza to celebrate the first opening of a TODAI in the northeast.

                       


Todai, is the Los Angeles-based upscale Japanese all-you-can-eat sushi and seafood chain.  Galleria 350-seat eatery is Todai’s flagship Northeast restaurant.    Described as “The Mother of all Seafood Buffets” by seafood critics, Todai offers quality food and service at affordable prices. Each restaurant features a 160-foot seafood buffet counter with 40 different kinds of sushi.  The salad bar and hot entrée island offer more than 15 dishes, and a dessert bar features 20 different cakes and fruits.

                        Currently, there are 25 Todai restaurants operating in California, Hawaii, Illinois, Oregon, Washington, Texas, Arizona, Florida, Nevada, and Hong Kong. Fifteen of the restaurants are company-owned and the other ten (all located in southern California, Seattle and Hong Kong) are franchisee-owned and operated.

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Athletic Director Asks: Split His Duties. More Middle School Teams

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WPCNR SCHOOL DAYS. By John F. Bailey. March 23, 2004: Mario Scarano, Athletic Director for the White Plains City School Distric, Mario Scarano, proposed creating a new position, that of Coordinator of Health and Physical Education, giving up responsibilities for devising Health and Physical Education curriculum he has been handling for the District, last night.



A.D. MAKES CASE: Mario Scarano, Director of Athletics, second from right, making A.D. Split Play to Board of Education Monday night. Photo by WPCNR News


Harriet Ketover has been aiding Mr. Scarano in overseeing curriculum consistency in physical education and health in Grades 6 to 12,  since the deparature of Lyn Kahn from the district. However, now that New York State is imposing physical education & health Assessment Tests, Mr. Scarano said, the task of running both the athletic programs and the health curriculum across the district was going to be demanding and needed its own full-time coordinator.  He said the new position would cost the District $100,000. He stated he has not been handling the curriculum coordination piece, that Ketover had been handling it on a parttime basis, and only for the 6 through 12 grades.


 


Scarano said that dividing the position would enable him to concentrate on making improvements to the athletic program across the district. He counted down the following benefits:


1.) Closer supervision of coaches, developing their skills and effectiveness.


2.) More time to devote to improving District Modified Programs (Grades 7-8).


3.) More opportunity to develop “Outreach Programs” to Parents, whose children participate in sports. Scarano said he felt more interaction with parents would “eliminate some of the communication problems between coaches and parents.” Scarano said he had spent 3 hours on Monday afternoon with parents on phones discussing team issues.


4.) Increased liaison work with the YM and YWCA’s, and the Youth Bureau .


5.) More time to recruit new coaches


6.) Time to develop the final push to fund the new Loucks Field reconstruction (a $7 Million project) that he felt could begain within the next two years.


7.) Development of a new indoor field house.


8.) Establishment of a Coaches Advisory Council where staff coaches could contribute their collective experience to discuss coach issues, help new coaches, examine situations.


9.) Formation of an Athletic Member Council of Team Captains. Scarano said, “They (athletes) should have their say in what they already do.”


Scarano told Connors,  in calling for the splitting of duties between Athletic Directing and Currculum Coordinating, “I think I’m not doing either job the way it should be done,”


“What you have now is special,” Scarano said. “In health and physical education, in terms of athletics, what are the things we have to respond to and make happen. I want every child in the program to have a very enjoyable experience. Now, not every one is.”


Expand Middle School Teams.


He said he wanted to expand the Middle School Programs because of the positive affect participation in athletics has on student athletic performance. He said students who play on teams have 10 to 15 points better grades than children who do not.


He said he wanted to create more Middle School Teams, saying last year some 70 kids tried out for baseball, 60 children for soccer, and 40 for Lacrosse, and most had to be cut because there was only one team in each of the sports.


This hurt baseball, Scarano said, because the high school could not field a freshman team this year because only 7 tried out, since many had tried out for middle school and not made the team.


Comments from Board


Connors asked him what were the budget implications of equipment and new coaches, and Scarano said he would have to work that out. Connors cautioned “that (middle school team expansion) will not happen without expanding the budget.”


Donna McLaughlin, President of the Board of Education, told Scarano that one item missing from his list of things to do to improve the athletic program was evaluation of coaches, beyond that of “self-evaluation.”  Scarano defended his evaluation of coaches because he said he does discuss with the coaches their performance. McLaughlin was persistent, asking Scarano to develop a more exacting process. He said he would.


Ms. McLaughlin added that any new Coordinator of Health & Physical Education Curriculum, and Mr. Scarano, should develop better drug and substance abuse programs at the Middle School Level. (In the public comment period, a citizen asked Superintendent of Schools Connors about the WPHS Rochester drinking incident, and Mr. Connors declined to spell out details, because federal law prohibited describing penalties.)


 



 

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School Budget Settles at $143.8 Million. Next Public Hearing March 29

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WPCNR SCHOOL DAYS. By John F. Bailey. March 23, 2004: The School Budget for 2004-05 was presented in its first Public Hearing Monday evening at Education House before 18 persons, most of home were School Administration personnel. No citizens asked any questions on the budget which calls for spending $143,809,184 in ’04-’05., a $9,176,552 increase over this year’s budget.



SUPERINTENDENT SHOWS MANDATED EXPENSES DRIVING INCREASE. Maria Valentin, School Board member looks on as Superintendent of Schools Timothy Connors holds up the Proposed 2004-05 budget Monday night at Education House. Photo by WPCNR News.


Superintendent of Schools Timothy Connors said that approximately half ($4,087,398) of the $9.2 Million increase was mandated increases in District contributions to the Retirement Funds for NYS Teachers and NYS employees to replace pension fund losses. The next impact on the budget increase was the net loss of $2.4 Million in assessibles, resulting in a 2.3 of the 7.53% Tax Rate increase, plus $4.1Million in Salary Increases, (included in that $4.1 Million in salary increases is $850,000 to finance All-Day Kindergarten in all the elementary schools.) The increase year to year in the budget is 6.82%, the School Tax Increase is 7.53%, or about $30 per thousand dollars of accessed value.


The next public hearing on the budget is Monday March 29, at 7:30 P.M. at Education House. The Budget Vote is Scheduled for May 18.

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Bradley Seeking Sponsors for His Own Election Reform Bill in Senate.

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WPCNR White Plains Law Journal. By John F. Bailey. March 23, 2004: Assemblyman Adam Bradley, speaking to WPCNR, from Albany Monday afternoon said he was hoping to get his own Election Law Reform bill, into effect by the next city wide elections which would be in November 2005. Bradley’s is the second effort to reform Election Law to allow New York Judges to rule in general election disputes.


 


The Attorney General’s Office presented its Election Law Reform Bill within the last week. Mr. Bradley said yesterday that he did not agree with the broadness of the Attorney General’s bill, but was willing to work with the Attorney General to develop a bill. Bradley said the Attorney General’s bill had no sponsors in the Assembly.


 



His bill, Mr. Bradley said, was introduced to the Assembly about two weeks ago, and he has been caucusing with members of the Assembly Election Law Committee on nuances of the bill.


 


“I have a number of sponsors for it, so we’ll see. I’m actually now negotiating to see what we can do.” Bradley told WPCNR. Asked what the timetable was, Mr. Bradley said. “That depends. The first thing is, we have to see if the (New York) Senate puts in a bill, this bill or another bill that does this. I’m working with some staff on the election law committee here in Albany, and a lot of this is in dealing with what I believe is the best way to allow for elections to both have integrity and to also be final.”


 


Asked who in the senate was going to take up the bill, “I’ve spoken to a couple of senators. Right now, nobody has done anything to my knowledge. But, it’s still early considering that I only put this in two weeks ago. I’m currently actually working on some other issues with some of the people that work for the election law committee here which may lead me to amend the bill a little bit or tinker with it, or work with another member on a bill. My goal is to make sure we do something. That’s what I’m working toward.”


 


Asked if the bill might be put into law in time for the November 2004 elections, Bradley was skeptical, “There’s a chance, I’m not counting on it. It’s less likely that it might be something that would matter in the presidential election. My  concern candidly is that this becomes much more of an issue during the next local election cycle. I like to see us do something as soon as possible I’m a realist about how things operate up here. I’m not going to say it can definitely be done this year, but I’d really like to see that we do something hopefully in time for the next set of local elections. That’s where those things are most important.”


 


“This last year there were a number of races that were close that had broken machines throughout the state. It’s not a unique problem. There are elections that arem’t that close that had broken machines that don’t matter.”


 


I’m ironing out some details with the Committee on Elections right now to see if we can get some consensus. There are some, who for instance want have a right to jury trial which we do have in some special proceedings. I may have to make some changes there. Some minor changes to the time frames. (Some would want 10 days after the recanvus, others 20 days.  I’m working to get something this year.”


 


“I’m very open minded as far as those types of things. I think the most important things are:  we want to be clear that there is a right to call a new election in a general election, and we want to make that the standard for doing that though is  a very high standard.”


 


Queried as to what that standard might be, Bradley said: “Here’s the thing. We don’t want judges deciding elections for us which is why I think we prefer not to have judges declaring winners. We want to make judges are held to a fairly high standard before they can disrupt the election results. I think there was a consensus among those I spoke to that the standard of clear and convincing evidence was the best standard.”

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AG Bill: Court to Decide Elections, Call New Ones. Bradley Authors Own Bill.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. March 22, 2004 Updated 6:00 P.M. E.S.T. With Correction: Prompted by the bizarre twists and turns of the Larry Delgado-Glen Hockley election court battles,  Attorney General Elliot Spitzer has sent a bill to the Assembly of the New York Legislature to do away with the quo warranto procedure, the time-consuming process which currently remains the only way to remedy a disputed general election result in New York.


 


Assemblyman Adam Bradley of District 89, the attorney who handled Glen Hockley’s case, has also sponsored a completely different bill to amend the law, two weeks ago and is not sponsoring the Attorney General’s bill, Mr. Bradley said late this afternoon. Earlier the Attorney General’s bill had been misidentified by Mr. Bradley’s office as being “Adam’s Bill.” Bradley told WPCNR Monday evening that he would be very happy to work with the Attorney General on formulating an acceptable bill.


 


The Spitzer legislation (# 87-04) will amend Section 16-102 of the election law to extend Supreme Court jurisdiction to review challenges to results in general elections, and give that court the right to determine the winner or call a new election.



In a Memorandum accompanying the bill, the Attorney General declares the delays associated with the quo warranto procedure duplicate efforts, and offer opportunities for numerous appeals, denying the public representation. Spitzer notes:


 


“This situation (Delgado-Hockley) is untenable. Over two years have passed since the White Plains voters cast their ballots, and the individual duly elected to office has not been able to serve, while the individual who actually lost the election has been able to take office, receive a salary, and continues to take actions as a government official, despite the will of the voters to the contrary.”


 


“This Bill (16043-01-4) creates a remedy. In particular the bill grants the Supreme Court the same jurisdiction to hear general and special election disputes as it currently has to hear primary election disputes. Moreover, the bill explicityly provides that the court can determine who was rightfully elected in a general or special election, or to order a new election if such a determination cannot be made.”


 


The AG’s memorandum notes that the legislature may not see as pressing a need to enact the legislation, “since similar proposals were made in the 1980s and the early 1990s and not enacted.”


 


The key language in Mr. Spitzer’s bill reads:


 


“In the case of a proceeding with respect to a special or general election, the court shall finally determine who was rightfully elected; provided, however, that when such a determination cannot be made, the court may direct the holding of a new election.”


 


Delgado-Hockley a TurnKey to History


 


Mr. Spitzer notes the delays in the course of the historic Larry Delgado- Glen Hockley saga which began the night of November 5, 2001, when a voting machine in District 18 jammed, denying Mr. Delgado 103 votes. Judge Francis Nicolai at the time ordered a special election in District 18. 


 


 Adam Bradley, Mr. Hockley’s attorney appealed Judge Nicolai’s decision on technical grounds and violation of election law to the Appellate Court in Brooklyn. The Appellate Court in Brooklyn expanded Judge Nicolai’s special election to include all districts in the city.


 


Then Mr. Bradley appealed the case to the New York State Court of Appeals which reversed the decision on March 14, 2004, saying according to the Attorney General, “state courts lack jurisdiction to hear challenges brought by losing candidates in these circumstances. The Court held that the only avenue of relief is a quo warranto action brought by the Attorney General.”


 


Two years three months of delay. More to Come.


 


Spitzer’s memorandum notes the two years of delay that have passed since the Supreme Court decision. After the Attorney General filed the quo warranto proceeding in November, 2002, it was challenged as being filed too late. The Supreme Court denied that motion, and the defendant appealed. On November 17, 2003, the Appellate Division held the case had been brought in a timely manner.


 


Now, WPCNR notes, the Appellate Division is reviewing Hockley Attorney Thomas Abinanti’s latest challenge, demanding that Judge Nicolai not decide on the case. However, Judge Nicolai is free to rule on the case and make a summary judgment declaring Delgado the winner, and Mr. Delgado is waiting patiently for that Nicolai decision. 


 


The case may be  on the threshold of yet more appeals to keep Mr. Hockley in his seat.


 


Delgado Waits.


 


Mr. Delgado, in a restaurant interview last week, told WPCNR that he felt Judge Nicolai would be making a decision soon. He thought with 21 months to go in the term Hockley has withheld from him, that he would be back on the council, saying there just is too much time to stretch out the process the full length of his (Delgado’s) term.


 


Spitzer Memorandum Witheringly Cites Flaws of quo warranto:


 


“First, the Attorney General cannot bring a quo warranto proceeding until after the “usurper” has actually taken office. This allows an individual who was not duly elected to be sworn in and to exercise governmental powers, and also subjects that person to possible arrest and the imposition of monetary damages. The Supreme Court instead should be empowered to determine the validity of elections before an individual takes office.”


 


“Second, the quo warranto process is a lengthy one. It requires a losing candidate to bring his or her complaint to the Attorney General, who must review the allegations and conduct an investigation into the validity of the election. This generally involves gathering evidence and/or testimony from both the winning and losing candidates, as well as other individuals who were involved in overseeing the election. If the Attorney General determines that the election results were incorrect, then the Attorney General may commence a quo warranto action  and present this exact same evidence in court, so that the court can make its own determination of the facts. There is no need for this duplication of effort, which creates unnecessary delays. Instead, the aggrieved candidate should be able to commence an action and present proof of the allegations directly to the court.”


 


“Finally, the quo warranto procedure unnecessarily involves the Attorney General in partisan political disputes. Allegations and counter-allegations relating to the validity of elections frequently are the result of partisan efforts to control local offices. These are matters that the Supreme Court is fully capable of adjudicating, and there is no reason that the Attorney General should be involved in these disputes.”


 


“The Delgado case mentioned above amply demonstrates the significant problems caused by the current system. That case involved the November 2001 election for three at-large seats to the White Plains Common Council. The declared “winner” of the third seat (Hockley) had 47 more votes recorded than the fourth-place finisher, but one of the voting machines had malfunctioned, and failed to record at least 64 votes for the fourth-place finisher (Delgado). As a result, the “winning” candidate actually got fewer votes than the fourth place finisher (Delgado), who actually won the third seat and should have taken office on January 1, 2002.”


 


Adam Bradley the Advocate  will Sponsor Own Bill.


 


The Office of Adam Bradley, Assemblyman of the 89th District,  said that Assemblyman Bradley is sponsoring new election law legislation in the Assembly. “That’s Adam’s bill,” his office spokesperson told WPCNR, and promised the Assemblyman would be issuing a statement shortly, when WPCNR asked if the Assemblyman was sponsoring Mr. Spitzer’s bill.


 


Mr. Bradley contacted WPCNR at 6 this evening to clear up confusion: there are presently two bills, the Attorney General’s bill and his bill. However since the Attorney General’s bill was the only one asked about, when WPCNR called Mr. Bradley’s office, and WPCNR was unaware of Mr. Bradley’s bill, confusion resulted.


 


Suzi Oppenheimer, White Plains State Senator, has also not indicated her position on the Attorney General’s bill or Mr. Bradley’s bill,  yet.


 


Mr. Delgado has not indicated whether he will sue Mr. Hockley for salary paid Mr. Hockley the first two years and 3 months of the term, a possibility, Mr. Spitzer refers to in his Memorandum accompanying the bill.

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How Should Drinking Teens Caught in Act Be Handled?

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WPCNR WHITE PLAINS VOICE. March 22, 2004: It’s all over town. It’s being laughed off all over town. Teens drinking on White Plains High School-sponsored trips. From an indiscreet pre-prom drinking session in a posh home in the Highlands, resulting in a teen’s getting her stomach pumped, when regurgitating in the downstairs of a popular restuarant,  to a free-wheeling open bar on a high school ski trip, to an embarrassing encounter with security guards at the New York Distributive Educational Clubs of America convention in Rochester, a week and a half ago, resulting in another stomach-pumping, teens continue to do it.


Some White Plains teenagers seem to think it is their mission to drink illegally. Adults and officials WPCNR speaks to about these incidents will not reveal details, however, one reaction is common, chuckles and laughter are their reaction when queried. WPCNR suggests this is not a laughing matter. In the interest of perhaps curtailing this obvious, clandestinely documented problem, WPCNR suggests the penalties for teen-drinking on school sponsored functions are obviously not strong enough. What penalties on the list do you think would matter the most to teenagers as a deterrent? Pick your choice of penalty. And vote on all you feel will be effective. You may vote more than once.

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