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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.”

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;