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State Senate Democrats Grasp For Control Of Chamber


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ALBANY, N.Y. — It wasn’t quite Babe Ruth pointing to the stands, but the call Democratic state Sen. Neil Breslin made on the day before this week’s election was nearly a home run.

“I think we are going to hold our seats downstate, pick up a seat in Rochester, and I really think Cecilia is going to win,” Breslin said on Monday. The Cecilia he was referring to was Cecilia Tkaczyk, the Democratic candidate for the 46th Senate District that was supposed to have been hand-carved for the Republicans to bolster their majority.

Forgive Breslin, then, for gloating a bit about the prediction: New Yorkers woke up today to learn that Senate Democrats had picked up a seat in Rochester and that Tkaczyk, once a long-shot candidate, was on the cusp of victory with 140 more votes than her opponent, with paper ballots still needing to be counted.

“I was giving the best-case-scenario!” Breslin said in an interview yesterday when asked about the prediction. “I think it was a perfect storm.”

Democrats also successfully defended their vulnerable seats while adding at least two to change the balance of power in the Senate, even if modestly, tying the Republicans 31 to 31 (it is currently 33 to 20). Tkaczyk's surprising strength in the 46th district could turn out to be the wild card that pushes control of the Senate over the edge for the Democrats.

The Republicans’ hand-picked candidate, Assemblyman George Amedore, seemed like the perfect choice to win the district that was tailored to the party: He had name recognition following a reality television show appearance and is well-known developer.

But Tkaczyk, a farmer, challenged him in a spirited contest, with her grassroots campaign bolstered by major PAC support to close the gap on Amedore. Early yesterday morning, both candidates declared victory but Tkaczyk held a 140 vote lead over Amedore.

Breslin, who lost part of his district to the 46th, called Tkaczyk “a mother running against a one percent builder in a toss up district.”

“If we win the district, it will be poetic justice because they carved that district out to insulate their majority,” he said.

The major deciding factor will likely be the affidavit ballots filed at the University at Albany. Democrats believe that those ballots will break heavily in their candidate’s favor. Republicans say they have the clear lead when it comes to outstanding ballots.

Amedore’s camp has filed a suit to impound all paper ballots in the 46th district and his spokesman issued this statement: “This morning, we filed a show cause order in Montgomery County Supreme Court to protect and substantiate each and every ballot. ... We firmly believe that once all the votes have been verified and counted, George Amedore will be the senator representing this five-county district. We will proceed with patience and confidence as this process moves forward.”

Even after legal maneuvers, if the Senate Democrats pick up the seat in the 46th, they will need the Independent Democratic Conference to work with them. The IDC broke from the Democrats in 2010 and quickly benefitted from an alliance with Republicans. While Democrats lost funding and nice offices, the IDC was treated rather well by Republicans.The IDC later backed Republicans on a number of important procedural votes.

Making matters even more complicated for the Democrats seeking to gain the majority, newly elected Brooklyn Sen. Simcha Felder, also a Democrat, has struck an independent note and could end up caucusing with Senate Republicans.

Members of the IDC did not return requests for comment yesterday, issuing a general statement that said nothing about whom they intended to conference with. “We look forward to getting back to the people’s business right away,” read the statement.

“If Tkaczyk wins, hopefully it allows Felder to caucus with us and I would welcome the four back into the fold as Democrats with no hard feelings,” said Breslin, who beat an IDC-backed primary challenger in September. “But they should not benefit from leaving.”

The Independent Democrats are led by Sen. Jeff Klein, whose ambition to take charge of the Senate Democrats has been well known for years. He has pledged not to vote for current Senate Minority Leader John Sampson or Sen. Michael Gianaris — the man who replaced Klein as the head of the New York State Senate Democratic Committee.

Both Senate Democrats and Republicans have been making pretty overt gestures toward Klein in the past few days.

Appearing on a talk radio show yesterday morning, Republican state Sen. Tom Libous, the head of Senate Republican election efforts, said this when asked about negotiating with Klein: “I think those conversations will take place shortly, but they haven’t taken place yet.”

Speaking about Tuesday’s election, Libous admitted “it was a tough night for us but all is not lost” and was optimistic that outstanding ballots in the 46th district would help them elect Amedore. “We’ve been through counts before,” Libous said. “While Democrats may have had a good ground game with the Obama massacre again, we do a better job with absentee ballots than they do. We work them pretty hard.”

On the same show, Gianaris repeated something that a number of Democrats have seemingly adopted as a mantra lately: that Klein has said that he will never vote for a Republican Majority Leader.

Beyond the question of whether the IDC will play nice with their former party peers, there is also the question of how Gov. Andrew Cuomo might react to a State Senate dominated by Democrats. It is widely believed that Cuomo would rather deal with a Republican Senate because it allows him to pass fiscally conservative measures — not to mention the chaos that unfolded when Democrats controlled the chamber from 2008 to 2010.

In a recent piece for State of Politics, Nick Reisman deftly pointed out that registration numbers in the state favor Democrats so strongly that it is only a matter of time before Democrats gain control of the chamber again and relegate Republicans to a consistently minority party.

“I hope the governor reads that article,” said one member of the Democratic conference, speaking on the condition of anonymity. “He could be very helpful in getting the four back in the fold and making sure we have strong leadership.”

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Image of voting booth in Rochester courtesy of Joe Philipson, used under Creative Commons license.

New Yorkers Line Polls To Vote Despite Storm Troubles


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After the damage wrought by Hurricane Sandy in the city, voting may have been a second thought for more than a few New Yorkers.

But for others it was worth standing on line in the cold for hours or trekking through their still blacked-out neighborhoods to be able to exercise their basic right to cast a ballot in the general election yesterday.

Voters took to the Internet to document their sometimes frustrating experience getting to the polls and casting their ballots.

There were broken voting machines in Manhattan. In Coney Island, voters waiting for rides on public shuttle buses to relocated polling places said they were passed by repeatedly without being picked up. At other sites, there were a shortage of ballots. And even Mayor Michael Bloomberg had trouble voting — he reached over the table and found his own name in the voter registry after a poll worker failed to do so.

City Councilman Jumaane Williams documented problems across his Brooklyn district on Twitter, including “insanely long” lines, shortages of pens, poll workers instructing voters to vote down one party line and voters simply being turned away. In some tweets, he addressed the city’s Board of Elections directly.

“This is outrageous, disgraceful and disrespectful to what voting should be @BOENYC I didn't think you could top the primary, but CONGRATS!” he wrote, referring to this year’s primary when the Board was criticized for handling vote counting in key races.

Board spokeswoman Valerie Vazquez said there were a number of difficulties during the day caused by the fallout from the storm. The Board consolidated or relocated about 60 poll sites that were damaged by the storm, and announced the new locations less than 72 hours before voting began.

“We worked diligently to communicate these changes to New York voters and our poll workers,” she said. “We know that some voters experienced long lines here in New York — much like voters across the United States — as is common with high voter turnout associated with a presidential election.”

Voters also encountered problems acting on Gov. Andrew Cuomo’s recently signed executive order that allowed New Yorkers to vote at any polling place in the state. Not only were displaced voters turned away in Manhattan and Queens, but also upstate in Rensselaer and Albany counties.

Good government and civil rights groups said they were swamped by calls from voters complaining and seeking assistance.

While the state was not considered competitive for the presidential election, with New York’s electoral votes going to Barack Obama as expected, the real fights were at the state and local levels.

In the 15th State Senate District in Queens, where Hurricane Sandy’s destruction is absolutely inescapable, Republican Councilman Eric Ulrich was challenging incumbent Democrat Sen. Joe Addabbo. Ulrich told reporters as he cast his ballot yesterday that Democrats were trying to “obstruct the election” by waiting until Monday to announce emergency polling places.

He and Addabbo both suspended their campaigns in the wake of the storm.

Sen. Joe Addabbo declared victory at Woodhaven House around 12:30 this morning. He told the crowd: “Our attention and prayers tomorrow should be to the victims of Hurricane Sandy." However, Urlich was not ready to concede and told supporters that paper ballots needed to be counted.

The outcome of the race in the 15th district could help determine the control of the State Senate. Republicans currently control 33 of 62 Senate seats.

Another key race, in the 46th Senate District upstate — created during the latest redistricting process — Cecelia Tkaczyk and Assemblyman George Amedore both declared victory. Early this morning, Tkaczyk was ahead by 139 votes but further counting is very likely. The district was thought by many to have been tailor-made by Republicans to secure them another Senate seat, but as election day neared Tkaczyk made large gains, according to a Siena College poll.

Democrats won a seat in Rochester where Ted O’Brien defeated Assemblyman Sean Hanna in a race to replace retiring Sen. James Alessi.

Republican Sen. James Saland, who voted for same-sex marriage, trailed his Democratic opponent Terry Gipson by 1,600 votes and a recount is expected.

The 40th district race between controversial Republican Sen. Greg Ball and Democratic challenger Justin Wagner appeared to be contested despite the fact that Ball declared victory early on in the night.

Steve Napier, a spokesman for Wagner, issued a statement saying the race was too close to call. "We will pursue a full and fair count of all ballots, and we are confident that in the end Justin Wagner will be seated in the New York State Senate,” he said in a statement.

Conservative Democrat Simcha Felder appeared to be the clear winner in the 17th district in Brooklyn. Felder has indicated he may caucus with Republicans despite the results of the election. The Daily News reported yesterday that a deal has already been struck for Felder to join the Republican Conference.

Further, if Democrats pull ahead in the count, they still may not gain control as the breakaway Independent Senate Democrats have vowed to stay independent no matter what the outcome of the election is.

Democrats appeared to pick up at least five seats in the Assembly. Assemblyman Vito Lopez won reelection despite the sexual harassment scandal that hangs over him. Another scandal plagued politician, Assemblyman William Boyland, also retained his seat.

Not enough votes had been counted by press time to determine the winner in the special election to fill the City Council seat in the Bronx vacated by disgraced politician Larry Seabrook. Former union organizer Andy King was leading, with 33 percent of precincts reporting.

Voting results are unofficial until they are certified by the BOE.

SEE RESULTS FOR STATE RACES:

WNYC Election 2012 Map

NY1: Real Time Returns For New York City

Guide For The Last Minute Voter: General Election 2012


 vote here

STATE SENATE --˘ ASSEMBLY --˘ CITY COUNCIL SPECIAL ELECTION --˘ JUDICIAL RACES 

NEW YORK — Before Hurricane Sandy pounded her community, caused her home to flood and left her in the cold without power, Diana Demarco was planning to vote in today's election.

Now the 54-year-old woman says she'll spend the day cleaning the storm waters from her Howard Beach home.

“You think people care?" she said of the election. "Maybe some do, but there is no electricity and no information."

In an effort to make it easier for storm fatigued New Yorkers like Demarco to exercise their right to vote, Gov. Andrew Cuomo announced yesterday that he would sign an executive order allowing New Yorkers in areas devastated by the storm to cast their ballots at any polls in the state. 

"We want everyone to vote. Just because you're displaced doesn't mean you should be disenfranchised," Cuomo said at a press conference last night.

Besides the city, the order covers Nassau, Rockland, Suffolk and Westchester counties.

Voters will be able to fill out affidavit ballots, which will then be mailed to the appropriate Board of Elections. However, people will only be able to vote in the national elections that are uniform across ballots, not local legislative races that will determine their districts' representation.

The possibility that voters won't cast ballots in their own districts for local candidates could mean the difference in some close races. For the State Senate, it could also weigh heavily into whether the Republicans keep control of the chamber.

Chung-Wha Hong, the executive director of the Immigration Coalition of New York City, said allowing people to cast affidavit ballots would give people displaced from their neighborhoods by the storm the opportunity to participate in the democratic process. "People aren't going to go back to the Far Rockaways to vote," she said of one of the hardest-hit parts of the city.

But advocates are worried that there could be a series of problems at the polls today and that turnout will be depressed. 

"On the bright side of the coin, I think this could open dialogue on how hard it is for us voters to exercise our right to vote," said Ashton Stewart, executive director of the League of Women Voters of New York City.

However, because it is a presidential election year and the ballot also includes important Congressional races, people may turn out to vote. 

The decision to allow voters to cast affidavit ballots came after days of confusion as county election officials hustled to replace poll sites that were rendered unusable during the storm. In the city, it wasn't until Sunday that the county Board of Elections released a list of 60 or so relocated poll sites.

Adding to the uncertainty, the Board, facing enormous pressure to coordinate the election after the storm knocked out power to two of its offices and left its Election Day plans in disarray, continued to update the list hours later.

Some poll sites were consolidated into larger sites, including in Howard Beach, where brothers Phil Landman, 58, and Elliot Landman, 57, were repairing their home, which was damaged by the storm.

After learning that their nearby poll site would be moved to the other side of the neighborhood, they said there was no way they would be voting this year.

"It’s too far away ... It’s a hike from here," said Elliot Landman, pointing out that they had no transportation to get there after their three cars were water damaged during the storm.

NEED TO KNOW WHERE TO VOTE? CALL 311 FOR POLL SITES OR TEXT "NYCVOTES" to 877-877 (SPANISH "DONDE") --˘ POLL SITE CHANGES --˘ POLL SITE LOCATOR --˘ VOTE411.ORG --˘ POLL SITE MOBILE APP --˘ GOOGLE VOTER INFORMATION TOOL 

STATE SENATE

With the storm overshadowing the election, it bears recalling that the entire balance of power in the Republican-led State Senate is at stake on Nov. 6. But those districts with competitive races in the city were among the hardest-hit by Sandy, and it's anyone's guess whether voters will turnout to cast their votes.

The election probably is the last thing on the minds of voters in the 15th State Senate District — which includes Breezy Point, Howard Beach and Far Rockaway, where homes are underwater or have been destroyed by fire.

Neither one of the two men who are the leading contenders for the seat, incumbent Democratic Sen. Joseph Addabbo and Republican challenger and Councilman Eric Ulrich, have been hitting the campaign trail hard since storm pummeled their community.

Addabbo has spent his days since the storm assisting in disaster relief across the district. His own campaign office was flooded out, and he estimates that half of the polling places in his district are under water. Meanwhile, Ulrich celebrated the birth of his baby girl last week amidst the chaos of the storm.

Jessica Proud, a spokeswoman for Ulrich, said the campaign was concerned that the new poll sites "threaten to disenfranchise thosuands of voters" in Queens that were damaged by the storm.

"The Board of Elections has moved polling sites to areas that are inaccessible to many voters who are without power, public transportation, vehicles and fuel," she said in an email. 

Also in Queens, long-term incumbent Democrat Sen. Toby Ann Stavisky is facing a solid challenge from J.D. Kim in the 16th State Senate District. Kim, a political operative, has focused his campaign on small business. Stavisky has touted campaign finance reform as one of her main goals as well as improving the quality of life of her constituents.

The city’s other hot Senate race in the 22nd district of Brooklyn, between Republican incumbent Martin Golden and young Democratic challenger Andrew Gounardes, has also slowed down if not been completely eclipsed by the storm.

Gounardes’ spokesman Chris McCreight says that the election isn’t exactly on the forefront of anyone’s mind.

“The hurricane definitely impacted some polling sites in Gerritsen Beach and Manhattan Beach," he said. "To what extent, nobody knows, mainly because the focus has been on the destroyed houses and the families. I don't think too many people are thinking about the election at this point in those neighborhoods so it's hard to say if the polling sites will be anywhere near operational by Tuesday.”

Golden couldn’t be reached for comment last week.

If there was one sign to point to that indicates the struggle for control of the State Senate is closer than anyone cares to admit, it would have to be the race for the newly created 46th district. The district snakes down around the upstate urban centers like Schenectady and Albany through rural areas and small towns — like it was designed only to reach Republican voters

Republicans currently control the Senate 32 to 29. The district was carved by Republicans to help bolster their majority and added as the 33rd district despite the protests of Democrats who said that a new district made no sense.

Most Albany insiders saw it as a hand-wrapped gift to Assemblyman George Amedore, a home builder who appeared on a reality TV show before winning his seat.

Even though the district seems to have been gerrymandered to benefit the Republican candidate, a recent Siena College Poll shows that Democrat Cecliia Tkazyk trails the popular Amedore by only three points — 44 to 47 percent. Tkazyk has received a major boost from PAC spending, which has likely helped her close the gap on Amedore.

Meanwhile, in the 55th district in Monroe County, Democrat Ted O’Brien has a major lead over Republican Assemblyman Sean Hanna of 50 to 39 percent, according to the Siena College poll. The seat is currently held by retiring Sen. James Alesi Hanna, who enjoyed a 19-point swing in the polls over just one month.

If Democrats hold on to their incumbents, those two seats could put them in the majority. Of course, that all depends on whether the Independent Senate Democrats, led by Sen. Jeff Klein, decide to play ball. The breakaway faction of Senate Democrats have functioned as a buffer for Senate Republicans during important votes, although it appears important for them to be seen as Democrats in their districts.

Many Democrats think that the Independent Democrats would be forced to return to the fold if the Democratic Conference needed them to create a majority. After all, it would be hard for them to explain to their constituents why they were siding with the Republican Conference. But nothing is guaranteed.

Read the Gazette's coverage of the two key state Senate races: Democrats Hope for State Senate Win In Conservative Brooklyn --˘ Showdown at Howard Beach --˘ Rival Candidates in State Senate Race Say They Won't Toe Party Lines

STATE ASSEMBLY

Although many city-based Assembly members are running opposed and the control of the body is unlikely to change hands anytime soon, there are a number of compelling races in the five boroughs:

Democrat Ron Kim will face Republican Phil Gim in the 40th State Assembly District in Queens. The pair are vying to replace departing Assemblywoman and Congressional candidate Grace Meng. Gim is a small businessman; Kim has worked in city and state government, including as an aide to Assemblyman David Weprin.

Assembyman Rory Lancman decided not to run for his seat after losing a congressional primary. Now Democrat Nilly Rozic and Republican Abe Fuchs are vying to replace him in the 45th State Assembly District. Fuchs’ focus is on education policy while Rozic was the chief of staff for Assemblyman Brian Kavanaugh.

The 45th State Assembly District in Brooklyn features a three-way showdown between incumbent Democrat Steve Cymbrowitz, Republican Russ Gallo and Independence Party candidate Ben Akselrod. Cymbrowitz has avoided debating his opponents, and has remained fairly quiet while being the subject of numerous attacks from his opponents. For instance, Gallo slammed Cymbrowitz for looking for staff on Craigslist, and said that the popular classifieds site is “notorious for being used by criminals and those peddling immorality.” So far, the race has not featured much substance.

In the 53rd State Assembly District in Brooklyn, scandal-scarred Democratic Assemblyman Vito Lopez is facing a challenge from Republican Richy Garcia, who is not very well known and had suspended his campaign only to revive it after the sexual harassment scandal surrounding Lopez broke.

In a case of déjà vu, another scandal swamped Democratic Brooklyn assemblyman is facing a fairly weak Republican challenger in the 55th State Assembly District. Assemblyman William Boyland who has won of the worse attendance and legislative records in the Assembly and who is under indictment for bribery charges faces underfunded Republican challenger Jonathan Anderson.

In the 65th State Assembly District in Manhattan, Speaker Sheldon Silver — facing a backlash for his involvement in secretly settling sexual harassment charges against Lopez — faces a challenge from Republican Wave Chan. Silver is expected to win handily. Silver has held the seat since 1977.

In the 76th State Assembly District, Democratic incumbent Assemblyman Micah Kellner is facing Independence Party Member Mike Zumbluskas (also running on the Republican line). Kellner has been focused on creating a new middle school in the district and has worked against the East 91st Street Transfer Station. Zumbluskas has focused on reducing taxes and says he wants to add to the Republican minority in the Assembly.

There is a full ballot in the 80th State Assembly District race in the Bronx to replace Naomi Rivera. Mark Gjonaj defeated the scandal-damaged incumbent in the Democratic primary and now faces Nicole Torres on the Republican line, Patrick McManus on the Conservative Party line and William Edstrom on the Green Party line.

CITY COUNCIL SPECIAL ELECTION

Six candidates are vying in the special election for the City Council seat in the Bronx that was previously held by disgraced veteran politician Larry Seabrook. The candidates for the 12th district include a community organizer, an Anglican minister, a lawyer, a policy advisor to Rep. Jose E. Serrano, a bus company owner and the executive director of a community center.

The district is bounded by Westchester County to the north, Williamsbridge to the west, Ollinville and Baychester to the south and the 338-acre Co-Op City to the east — the largest government-subsidized housing ever built.

The candidates have said education, economic development, crime and public housing are all key issues in the district. Youth violence has also been a subject of concern.

One candidate, Pamela Johnson, said during a debate among five of the candidates that if elected she would propose parenting classes to tackle the youth gang problem in the district. “Some parents don’t know how to be parents,” said the Eastchester community activist.  

Another candidate, Cheryl Simmons-Oliver, is a policy advisor on economic development for Rep. Serrano. In a series of videos posted on YouTube, she has outlined a multi-pronged platform, on issues including quality of life and job creation.

Some observers say the district was neglected during Seabrook's three-term tenure that ended when he was booted from his seat following his convicted in a corruption case. Prosecutors said he funneled $1.5 million in public funds to nonprofit organizations he controlled.

While most of the candidates in the nonpartisan race have focused their energy on promoting their own records rather than addressing Seabrook's shenanigans, candidate Joseph Nwachukwu told The New York Times that he wanted to increase accountability surrounding how the city's money is spent.

“After the Larry Seabrook debacle, people are looking at us as if we don’t have integrity,” the 54-year-old Anglican minister told the newspaper last month. “I will set an example and lead by example.”

Another candidate in the race, Andy King, lost a challenge to Seabrook in 2009. This year, he's seen by some as the man to beat.

He's raised the most money ($28,520) and has sought and received public matching funds of $49,333, according to the city Campaign Finance Board's website. Top donors have included unions, Councilman James Vacca and state Assemblyman Carl Heastie.

He has also won the support of the Bronx Democratic Committee.

The race has also been a test case for a new city rule requiring organizations or groups to disclose their independent expenditures on behalf of candidates.

According to campaign finance records, 1199 SEIU, spent $4,500 to back King, mainly by printing and distributing a flier for him — not surprising, though, given that the candidate worked as a community organizer for the union.

On his website, King has outlined his platform under the generic slogans of "providing care for our seniors", "improving access to healthcare" and "organizing for positive change."

Another candidate, Neville Mitchell, is a lawyer who represented the relatives of a groom shot and killed by police in a 50-bullet barrage on his wedding day on Nov. 26, 2006.

Mitchell told the Daily News in late October that he planned to sue the city's Board of Election because he said King's name is expected to appear on the ballot twice and in the same column as President Barack Obama.

Board of Elections spokeswoman Valerie Vazquez said the first candidate dropped out of the race and substituted King for the spot.

JUDICIAL RACES

When voters do go to the polls tomorrow, they will likely be expected to pick judicial candidates whom they probably never even heard about before. There are 43 candidates running to be judges in Bronx, Kings, New York and Queens counties. Up for grabs are spots on the civil, supreme and surrogate’s courts.

The New York City Bar Association, which evaluates candidates in judicial races, did not approve 10 of the candidates (“Not approved by reason of the candidate’s failure to affirmatively demonstrate that he possesses the requisite qualifications for the court for which he is a candidate”) and was unable to review two.

The City Bar says that it cannot comment beyond approving and not approving candidates “to ensure the thoroughness and integrity of the ratings process.”

More information about each candidate can be found on the New York State Unified Court System’s guide (it also includes a helpful description of what each court does) as well as on Judgepedia.

 

Ballots or Bedlam


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NEW YORK — Much will be at stake when New Yorkers go to the polls tomorrow, but perhaps nothing more so than the basic right to vote.

As of yesterday, less than 72 hours before Election Day, tens of thousands of voters were confusingly assigned new poll sites after Hurricane Sandy knocked out power to or damaged the usual spots where they cast their ballots.

Some of those 60 or so unusable sites have also been consolidated into about 26, meaning crowds of voters will likely show up at overtaxed schools or private sites to pick their candidates, which could lead to long waits at the polls.

Some voters will also be making their picks outside in tents, while others may need to be bused from devastated neighborhoods and shelters to make their voices heard.  

And for many people who turn out to vote in this critical election — if they are not dealing with flooded or destroyed homes, displacement or other, more important problems caused by the aftermath of the storm — it will be the first time they will use the new electronic voting machines.

If all that wasn't bad enough, the city Board of Elections, which has been known to bungle the administration of the democratic process on more than one occasion during relatively normal circumstances, has been without power at its lower Manhattan headquarters since last week after it was flooded (a satellite office in Staten Island has also been closed for the same reason).

Along with the electricity went the Boards's voter hotline, though people can call 311 to find out their poll sites.

The Board says its staff has been working round-the-clock to relocate polls, process absentee ballots and get the word out about the election. And, from what could be gleaned from interviews with officials and good government groups over the past few days, there was a semblance of coordination among the board, mayor's office, governor's office and federal and state officials to address the problem with voting sites.

But yesterday, after publishing what it said was the final poll list for the election, the Board updated it hours later. "There are some sites now that are viable at this minute that were not," said Board Commissioner Juan Carlos "J.C." Polanco yesterday afternoon. "In an effort to use the poll sites that were already there, we are using the ones that are there and have power and are viable."

Mayor Michael Bloomberg, speaking at a news conference yesterday, didn't give the Board his vote of confidence.

“Over the next day, it’s going to be critical that the Board of Elections communicate this new information to their poll workers," he said. "Unfortunately, as you know, the Board has had a history of not opening all poll sites on time, and they’re going to work hard to make sure that poll workers and voters know where they’re supposed to go on Election Day."

He said NYC Service volunteers are helping to notify the estimated 143,000 voters in all five boroughs who were assigned new poll sites.

Valerie Vazquez, a spokeswoman for the Board, said staff was planning to distribute information at shelters about where people can vote, posting signage at old poll sites directing voters to new ones and doing full page ads in citywide and local newspapers about the poll site changes.

New Yorkers can also text "NYCVOTES" (or "DONDE") to 877-877 to receive a message on their phones with their poll site. The technology is being donated to the city by Mobile Commons.

"As New Yorkers, we came together to hold a calm, orderly election following 9/11.  We will do it again in the aftermath of Sandy," said Onida Coward Mayers, director of NYC Votes!, the nonpartisan voter engagement campaign of the NYC Campaign Finance Board, in a statement. The campaign announced the text messaging software. "There will certainly be some challenges on Tuesday and it will require some patience, but it is important that all New Yorkers head to the polls to make our voices heard."

Even with these efforts, good government groups are worried that Election Day will be a mess.

Alex Camarda, the director of public policy and advocacy at Citizens Union, the sister organization of Gotham Gazette, said the Board was facing a vastly complicated election.

"I think it's going to be a Herculean task, and that the Board is going to have to bring better than their A game to pull this off without a problem," he said, adding that long lines and voter confusion were likely. "It's incumbent on the city and state to use their resources as well to get the word out so that we don't see fewer people voting as a result."

Turnout is a particular problem in New York City. According to a report by the Campaign Finance Board released in June, only 18 percent of voting age New Yorkers turned out to vote in the 2009 general election for mayor.

Any drop in turnout could have an effect on pivotal races for the U.S. Congress and the state Senate where candidates have suspended their campaigns in recent days to respond to the devastation in their communities on Staten Island, Queens and Brooklyn.

Ashton J. Stewart, the executive director of the League of Women Voters of New York City, said people were confused before the storm about where to vote because redistricting had relocated their poll sites.

"We were already up to our necks addressing the normal concerns with the general election," he said, worrying that turnout could be further suppressed because of the problems caused by the storm. "The people that do live in homes and are currently without power, I just don't know, I hope they still go to the polls."

City Fails Bengali Ballot Test; Elections Board Says It Has Plan” Maybe


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NEW YORK — Asian Americans continue to face "many barriers in exercising their right to vote" in several jurisdictions throughout the county, including in Queens, a civil rights group says.

In a report on local compliance with federal laws for language assistance at the polls, the Asian American Legal Defense and Education Fund said yesterday that New York City was the only one of four jurisdictions in the U.S. that failed in its obligation to translate ballots into Bengali.

The other three jurisdictions were Cook County, Ill.; Hamtramck, Mich.; and Los Angeles, Calif.

The report also underscored that four elections have passed since the city was required by federal law in 2011 to provide language assistance in a South Asian language to voters in Queens.

The city's Board of Elections has said it will not be able to translate ballots into Bengali in time for the general election, but a revised draft plan to help Bengali speaking voters on Nov. 6 was made public at a a meeting of the agency's commissioners yesterday. The plan does not include Bengali ballots.  

A spokeswoman for the board responded to a request for comment about the AALDEF report by forwarding the draft plan.

An attorney with AALDEF, Glenn D. Magpantay, said the plan addressed some concerns. "It's a good plan, but there's still room for mischief," he said.

He said he commended the board for making an effort, but said the issue of Bengali ballots had been raised for months.

"We've been yelling at them since December of last year to get this done," he said. "They haven't done nothing. They've recruited interpreters, but no one knows how to access them."

Most recently, the board blamed the failure to translate the ballot into Bengali in time for November's election on the voting machine vendor, Elections Systems & Software.

But AALDEF said in its report that the same company was able to provide Bengali-language ballots for voting machines in time for Michigan's primary election in February.

AALDEF's Magpantay concedes that the software used in Michigan is slightly different, but he said of the board: "They have the technology."

ESS's representatives didn't respond to a request for comment.

AALDEF's report, based on monitoring of 56 poll sites in five jurisdictions around the country during this year's primaries, also found that voters in Queens often didn't know that language assistance was available and that "several" poll sites didn't have the required number of official interpreters.

The report also documented how one poll worker made disparaging remarks about Bengali and an instance where an "interpreter available" sign was written in Chinese even though Bengali and Hindi translators were sitting in front of it.

Under federal law, the city was supposed to have arranged to have voter registration forms, ballots, materials and interpreters available for Bengali readers in Queens during this year's elections.

While most, if not all, of the other materials have been translated, the ballot has not.

The board's draft plan calls for making a list of candidates' names available in Bengali at poll sites, translating sample ballots and other materials, as well as the hiring of interpreters.

Magpantay said his organization is weighing its options for forcing the board into compliance with federal law, including and up to filing a lawsuit over the delay in rolling out Bengali ballots.

"This is a very important election," he said. "The emerging South Asian community in Queens has a right to vote in their language."

Seeking Unity for a Queens Neighborhood


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NEW YORK — Where I grew up in southwest Queens, roti shops are the local cafes, Hindu religious stores sell saris and the smell of simmering chicken curry is easily chanced upon as you walk the streets.

Whether in South Ozone Park, Ozone Park or Richmond Hill, the influence of Indian cultures from Guyana, Trinidad and Suriname creates unity among the three adjacent neighborhoods.

But others apparently don’t see our community as one that shares common interests and that deserves a chance at supporting its own candidate for City Council.

Every ten years following the decennial census, the city goes through the process of redrawing the district lines for City Council members, in part by looking at demographic changes in the five boroughs.

Under the current proposal from the city’s Districting Commission, my neighborhood would be split by Lefferts Boulevard, leaving District 28 and District 32, including Ozone Park and South Ozone Park, as two distinct areas. Richmond Hill, in turn, would lie in the center of both districts, with Lefferts Boulevard cutting through them.

What is at stake is the community’s power to pick elected officials who will respond to their concerns, advocates say.

“It dilutes the power of residents in the area,” said Richard S. David, executive director of a southern Queens-based nonprofit, the Indo-Caribbean Alliance, in a recent interview.

David said the current district lines proposal “fails” the community by making it more difficult to push for legislation and policy issues if there are multiple elected officials representing a minority split between various districts.

“We are not proposing to have a majority of Indo-Caribbean and South Asians — we just want to keep the community together. We are not going to be the largest but we are going to be bigger than we are now,” he said.

The 2010 census shows that 62 percent of the city’s South Asians live in Queens, while nearly 30,000 residents identified themselves as “Asian Indian” in South Richmond Hill, Ozone Park, and South Ozone Park.

Advocates from community organizations, such as Taking Our Seat, a group dedicated to addressing the causes of voter-dilution among South Asians, say that four census tracts with high South Asian voting populations in Richmond Hill and South Ozone Park are split between four different City Council districts using major roadways such as Lefferts Boulevard and 101st Avenue as dividing lines where the community occupies both sides.

Instead of the South Asian and Indo-Caribbean population in Richmond Hill, Ozone Park, and South Ozone Park voting as one block of constituents, their votes end up as a small margin in four different City Council districts currently represented by Ruben Wills, Erich Ulrich, Elizabeth Crowley and Karen Koslowitz, according to advocates.

Queens residents from the neighborhoods testified in front of the city Districting Commission on Oct. 10, calling for the communities to be drawn into one district, not separated into three different ones.

Shirley Limongi, the spokeswoman for the districting commission, said in a recent interview that hearing testimonies from local residents helps to identify potential “communities of interest.” She noted that some factors that define a community of interest are shared religion, race, language and ethnicity.

At the hearing, a group of South Asian and Indo-Caribbean local residents from southern Queens wearing “Keep Richmond Hill United” t-shirts and holding up posters of a map uniting the two districts testified. Some were angry at the commission, some delivered their stories as immigrants and some called for redrawing the map completely.

Even business leaders were concerned about the proposed Council lines. “We have made a significant presentation, including testimonies, maps, t-shirts, placards — what else do we need to do? Please work with us,” said Vishnu Mahadeo, the president of the Richmond Hill Economic Development Council, to the 15 commissioners, at the hearing.

The splitting of the community affects how easy it is for a person of South Asian descent to run as an elected official, advocates say.

“The reality is in New York people vote along racial lines — if the lines are not drawn where you have the racial advantage, then you have to break that norm where it can be possible,” David said, giving examples of elected officials such as Councilwoman Margaret Chin, who represents Chinatown, and Councilman Peter Koo, who represents Flushing — both major Chinese American enclaves.

Advocates at the hearing also cited the Unity Maps proposed by civil rights groups, showing that the three neighborhoods could be kept as one district if Van Wyck Boulevard was made the dividing line instead of Lefferts Boulevard.

My parents, like so many others, left their native country Guyana but they soon found a neighborhood that became a second home to them — with Trinidadians, Surinamese, Sikhs, and Punjabis all holding a common Indian ancestry.

As a second-generation child of Guyanese immigrants, I see my surrounding community as a cohesive whole. I am a youth leader in my Hindu temple in Ozone Park, I write in a local newspaper called The West Indian, circulated throughout Richmond Hill’s roti shops, and I grew up in my South Ozone Park home, where I still live in today.

For me, the main concern of the independent commission should be to protect and empower ethnic populations within marginalized communities. But if the commission does not unite our South Asian community in one district, it may send a message that this community is not of interest.

Democrats Hope for State Senate Win In Conservative Brooklyn


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NEW YORK — Democrats should technically be able to win the 22nd State Senate District of Brooklyn that stretches from Bay Ridge to Marine Park, because of a voter registration advantage.

But people will tell you that the district is actually very conservative — likely explaining how former NYPD officer Martin Golden, a member of the Republican majority with an A+ rating from the National Rifle Association, has kept his seat since 2002.

This year, Golden is facing probably his strongest challenge in recent memory from Andrew Gounardes, an attorney for Citizens Committee for New York and a former staffer to City Councilman Vincent Gentile (whom Golden beat for his Senate seat).

Because of their voter registration advantage throughout the city, Democrats currently control all but three state Senate seats in the five boroughs. A win in the 22nd district could help them eke out a majority in the Senate or, at the very least, further establish their grip on New York City.

Golden, however, says Gounardes won’t be able to deliver for voters.  “I applaud his decision to run because he wants to make a change,” said Golden, who was recently endorsed by Citizens Union, the good government group and sister organization of Gotham Gazette.

“But he won’t be in the majority, he won’t be in leadership, he won’t be in management,” Golden said of Gounardes. “What matters to New Yorkers are jobs and economic development and the Republican conference has been successful in working with the governor to achieve some major legislative accomplishments.”

But Gounardes says he has all the qualification he needs because he plans on listening to the people of his district. He paints Golden as out-of-touch with the values of a new generation, and he says the district is changing as younger people move in.

“The changing demographics matter. We are attracting more minorities to Bay Ridge who have no prior attachments to Golden,” says Gounardes.

A recent debate at St. Philip's Episcopal Church served to showcase the candidates’ styles — Golden the older statesman, a bit crusty; Gounardes youthful and excitable. They traded barbs in a debate that featured booing, hooting and hissing from the crowd that seemed already firmly decided in their vote.

Gounardes estimates that he and his campaign have knocked on tens of thousands of doors across the district as well as greeted untold numbers of commuters at subway stops most mornings.

Golden, meanwhile, said he wasn’t taking any chances. “Don’t make any mistake, this is an overwhelmingly Democratic city. No matter what happens Obama is going to do better than Romney, so you will see me at the train station every morning knocking on doors,” Golden said.  “We have thousands of signs up, our office is full of people working the phones.”

Gounardes’ says his challenge is to connect Golden to the votes he has taken in Albany. “We have a state Senator who votes with upstate and Long Island Republicans 99.8 percent of the time and against Brooklyn,” Gounardes told the audience at the church.

“He’s an aggressive young man, but he doesn’t bring what he needs to to get things done,” Golden told Gotham Gazette. “His message has fallen on deaf ears and he is not going to be in management.”

Gounardes has also attacked Golden for missing a vote on microstamping — a technology that would stamp bullets fired by automatic handguns so that it would make it easier for police to trace bullets back to the guns that fired them. The technology is a favorite cause of Mayor Michael Bloomberg, among the premier patrons of Senate Republicans.

“Microstamping is a great idea,” said Golden, “but it needs to be a national law to be effective. Illegal guns aren’t made in New York. They come in from other states.”

Golden initially claimed he had a phone call that made him miss the vote. He has refused to tell interviewers what was so pressing.

“I don’t think the phone call had much to do with anything,” Golden told Liz Benjamin in 2010.  “Had I have been on the floor, I would have voted ‘no.’”

Golden has pushed legislation that would increase penalties for those who use guns in crimes but has been steadfast in his opposition to gun control legislation. When asked at the debate earlier this month whether he would support an assault weapons ban during the debate, Golden informed the audience member, “We already have a ban on assault weapons here in New York state.”

He went on to insist that Senate Republicans have put forward numerous proposals to crack down on illegal weapons but Assembly Democrats have refused to vote for them. All of the proposals had to do with increasing penalties for criminals who use guns in the commission of a crime.  

“In 1991, we had 2,600 gun deaths,” Golden said.  “This year it is going to be 500. That is still too many and we gotta do something. The only thing you can do is prosecute the bad guys and put them where they belong.”

This summer, under attack by Gounardes for his absence on the microstamping vote, Golden introduced a piece of legislation that would punish all gang members for community guns. "Gangs are a major problem in our courts and in our community and this is a way of going after those gang members,” Golden said at the time the bill was announced.

Gounardes has also focused on Golden’s voting record on women’s issues. When asked by Gounardes during the debate if he supported giving rape victims emergency contraception Golden seemed to agree, but Gounardes retorted, “Marty, you voted against that bill three times in Albany.”

Golden said at the debate that he voted against the equal pay bill because "it was flawed."

Women’s issues have become a touchpoint in the race after the press learned of an event Golden sponsored on etiquette for women. An advertisement for the event said it would help women learn about “handshakes, posture and feminine deportment.” Golden’s website said women who attended would learn to "sit, stand and walk like a model" and "walk up and down a stair elegantly.”

Gounardes poured it on and Golden cancelled the event. “This just goes to show that Marty Golden just doesn’t get it — either that or he lives in a cave and thinks 'Leave It to Beaver' is a new reality show,” Gounardes staffer Chris McCreight said in a statement at the time.

Golden’s spokesman defended the event until it was cancelled.

Perhaps the most tangible issue for Golden in this race is the reaction labor groups have had to his decision to cross a Communication Workers of America picket line last year.

Metal Lathers & Reinforcing Ironworkers Local 46 president John Skinner said in a statement, "When I heard that, I hoped we would have an opponent we could all support. Fortunately, we found that candidate in Andrew Gounardes. I trust he would never cross our picket line."

Golden said he crossed the picket line because he had to get work done for his constituents — and that  it was the only way to do so. “I crossed a Verizon picket line because my phone had fallen in water. I crossed the line and exchanged the phone. I was out of communication,” he said.

Gounardes has also won major endorsements from the AFL CIO, the IBEW Local 3 and the 32 BJ SEIU, which could all turn out to be a lot of boots on the ground working to turnout votes.

But Golden still has the backing of many trades, including the police and fire unions. He says he is unconcerned about the groups that have backed Gounardes. “I’ve got about 99 percent of the unions,” Golden said. “I’ve got police, fire, 1199, most trade unions. You name it, I got it.”

Despite the number of fronts Gounardes is fighting on, the race may be out of his reach, since he has only about $155,000 in campaign funds to Golden’s $455,000. Senate Democrats are still in debt from their losses in 2010 and have been unable to bolster their candidate.

Meanwhile, Golden enjoys hefty support from Senate Republicans, individual donors as well as a number of business PACs. “We are gonna win this probably with 65 percent of the vote,” Golden said. “We are probably going to raise $300,000 at a fundraiser tonight and we have $400,000 in the bank.”

Gounardes said the race would come down to one issue: accountability. “This is about introducing Marty Golden to the voters,” he said. “Why vote against fair pay, emergency contraception, MTA budgets, school budgets? My job is to tell women he voted against the fair pay act, to tell union members he crossed the picket line. So many people think he is a Democrat but he votes as a conservative.”

As the debate at St. Philip's church wound down, supporters of Gounardes and Golden supporters converged on the front exit, forced to be next to each other after an hour or so of booing, haranguing and hissing at each other about their chosen candidate.

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Image of Golden and Gounardes, at debate in Brooklyn, provided by the Gounardes campaign.

Showdown at Howard Beach


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NEW YORK — It was a showdown at Howard Beach last night between the two candidates vying for the 15th State Senate District seat.

The debate between Democratic incumbent Sen. Joe Addabbo and his Republican challenger, Councilman Erich Ulrich, was mainly substantive, but it had its quirks, too. The packed crowd at Our Lady of Grace parish was a mix of partisans and people who seemed legitimately torn that the two were challenging each other.

Each candidate was given the chance by moderators to defend themselves against negative mailers as well as to condemn mailers sent out by outside groups that attacked both men.

Addabbo defended himself against an attack made by an outside group saying, "I don't love parrots more than kids." Addabbo explained that he had introduced a bill in Albany about parrots at the request of a constituent but that he has two kids who he loves both. Both men decried the negative mailers that have flooded the district from PACS and said they wished they didn't exist.

During the lightning round, both men were asked to describe the other's campaign in one word. "Negative," Addabbo said. Ulrich paused and, with much gravitas, replied, "Dishonest."

Ulrich called the Democrats' control of the Senate in 2008 to 2010 an "abomination." Addabbo attacked Senate Majority leader Sen. Dean Skelos, saying Skelos did not have the people's interests in mind.

"You aren't running against Dean Skelos, you are running against me," Ulrich replied.

Ulrich insisted that he would be independent of the Senate Republicans and be able to deliver for his district, despite the majority's focus on upstate and Long Island issues saying, "They need me. I don't need them."

Read our previous story on the race between Addabbo and Ulrich: Rival Candidates in State Senate Race Say They Won't Toe Party Lines

However, Ulrich has taken $10,000 from Skelos and $234,700 from the Senate Republican Campaign Committee and $250,000 from the New York State Republican Party.

When asked about campaign finance reform, Addabbo touted his work as a councilman reforming NYC's election process. However, he touted his support of casino gaming and his relationship with resorts world throughout the debate. Addabbo has received $10,000 from Genting New York, the force behind the proposed Queens convention center and casino.

Another major difference between the two was displayed when they were asked about The Dream Act. Ulrich said he supported "some version" of the act, while Addabbo said he didn't support it at all because people in his district can't find money to send their kids to college.

Both men also went to town on their differences on gun violence. Ulrich said it was a distortion that he wanted people running around the streets holding "bazookas" and said he felt microstamping was an unproven technology.

"The problem is not with the laws in New York but with the laws in other states," he said, insisting that illegal guns come into the city from states with laxer gun laws.

Addabbo said that he supports gun ownership, but wants an assault rifle ban because no one needs an "AK47" in their closet.

On hydraulic fracturing there were also stark differences. Addabbo painted the gas extraction process as a direct threat to Queens' business. "There have been fatalities," he said. He also joked that he couldn't go to Gino's (a local Italian joint with an excellent caprese salad) if their food was tainted by hydrofracking.

"I'm for clean drinking water, in case you are wondering," Ulrich said, before adding that he thought scientists should be given time to study the process. He also advocated testing the process in an area of New York where there are no major bodies of water.

Last night's debate was co-sponsored by Gotham Gazette's sister organization, Citizens Union, and the Queens Chronicle & The Forum Newsgroup.

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Addabbo and Ulrich posed for photos with local school children after the debate was finished. The two men are seen here just as the photo shoot ended. Photo by David Howard King.

Regulators Issue No Violations for Bloomberg's 'Secret' Donations


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NEW YORK — Michael Bloomberg's 2009 mayoral campaign worked to conceal $1.2 million in donations made in the days before voters headed to the polls, regulators say.

But the New York City Campaign Finance Board found that while the Bloomberg campaign's actions "contravened the spirit of disclosure," it could find no violation.

The board voted 3-to-1 to close the inquiry into Bloomberg's 2009 mayoral campaign yesterday. The mayor's office didn't respond to a request for comment.

But attorneys for Bloomberg's 2009 campaign said in papers released by the board that the allegations had no basis and should be dismissed.

In a sometimes pointed final report, the board slammed the Bloomberg campaign for taking advantage of a temporary loophole in election law to deliberately avoid public disclosure of the donations made on Oct. 30, and Nov. 2, 2009, to the Independence Party.

The money was intended to fund so-called "ballot security operations," poll-watching that some groups have criticized as potentially leading to disenfranchisement at the voter booth.

There is no evidence the money was ever spent on behalf of the mayor's campaign. John Haggerty, Jr., a Republican political consultant hired to oversee the ballot security initiatives, was convicted of stealing the money and using about $600,000 to buy a home.

In a review of extensive testimony from the criminal trial of Haggerty, the board found that top officials with the Bloomberg campaign were intricately involved in the "negotiations, financing and logistics of Haggerty's ballot security operation" and that they took deliberate actions to avoid having to make public the donations.    

"The record before the board makes clear that [the Bloomberg campaign], with a stated intent to conceal the funding of its $1.1 million ballot security operation by 'do[ing] it on the outside,' moved to deprive the New York City electorate of the benefits of disclosure," the board report states.
 
The board's staff began looking into questions surrounding the donations to the Independence Party in February 2010, with Haggerty's trial generating "voluminous evidence and testimony" relevant to the inquiry, the report said.

The board also received a complaint from Gerald F. Kann, a political activist linked with the Green Party, urging a review of Bloomberg's donations. The board said that while the complaint "raises serious public policy consideration … it does not allege a violation of law upon which the board may grant relief."

However, the board said that it was "troubled" by the ability of Bloomberg to "make and conceal such payments in the first place." The money was donated to a party housekeeping account, which allow for unlimited contributions and few reporting requirements under state law. The board said such accounts are, "at best, hostile to the principles of fair play and transparency."

Richard Davis, an attorney, was the sole member of the city's Campaign Finance Board to vote against the motion to close the inquiry.

“I believe the evidence here warrants a notice of penalty for improper coordination and for making a payment for services designed to benefit the campaign," he said about his decision. "The issue then would be how much, if any, of the money was actually spent for the intended purpose rather than stolen.”

Read the complete report by the board below.

FBD 2012-1

National Anti-Gay Marriage Group Spends Big to Push Out NY Lawmakers


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NEW YORK — The National Organization for Marriage, which is dedicated to limiting marriage to couples of the opposite sex and has enjoyed success in most states, is not giving up on New York, the biggest state to currently allow same-sex couples to marry.

The group is claiming the scalps of several legislators who voted for the bill in 2011 and lost primaries — and is pushing to knock off more in the November general election.  

Most observers don’t see how same-sex marriage can be stopped in New York — 58 percent of registered voters supported it in a Siena poll in April 2011, including 45 percent of Republicans. But NOM hasn't given up. Far from it.

“If they passed it, they can reverse it," said Brian Brown, president of NOM, in an interview with Gotham Gazette. "Hopefully, [Senate Majority Leader] Dean Skelos will wake up and smell the coffee." Gov. Andrew Cuomo is also seen as an obstacle: "We’re going to need a better governor," Brown said.

But he conceded that the latter would "take some time" — more than the two years the group touted after the bill passed last year.

“We also hope the legislators will follow their own platitudes and give their constituents more say,” he said, arguing for the state Legislature to permit people to vote directly for constitutional prohibitions on same-sex marriage laws. Twenty-nine states have already done so, and 12 more ban it in law.

Meanwhile, NOM is putting its money where its agenda is. In the primaries alone, it spent well over $300,000 to defeat candidates who voted for same-sex marriage. Such a large expenditure for a group outside New York is unusual. The organization declined to respond to questions about how much it expected to spend for the general election.

Assemblyman Daniel O’Donnell, who shepherded the marriage equality bill through his house, said flatly, “The Assembly is not going to repeal." He emphasized that they "passed [the bill] five times" starting in 2007 before the Senate passed it last year. And Cuomo, who championed the new law and has seen his national prominence grow because of it, would surely veto any attempt to undo it.

But that doesn’t mean that some of those who voted for the bill have not paid a political price that may have repercussions for the movement to bring marriage equality to a vote in states such as Rhode Island, Maryland and Oregon, where activists on both sides are trying to sway legislators.

Political observers have looked to the results of the state’s 2012 primaries on Sept. 13 to learn what they say about the risks of voting for gay marriage when representing conservative districts. The results also raise the issue of the relative ability of pro-gay marriage groups to protect their allies and anti-gay marriage groups to defeat their opponents.

Of the four Republican Senators who voted for marriage equality:

  • Jim Alesi of the Rochester area decided not to run.
  • Stephen Saland of Poughkeepsie — a state legislator since 1980 — won his primary by 107 votes out of almost 10,000 cast, beating Neil Di Carlo despite a huge cash advantage (most of those funds went unspent).
  • Despite outspending her five-to-one, Roy McDonald of Saratoga lost by 100 votes to Kathleen Marchione, the Saratoga County clerk, who attacked him for reversing himself on the marriage issue even though she said she would not vote to repeal it.
  • Mark Grisanti of Buffalo won handily, but faces a Conservative Party opponent, Chuck Swanick, who himself lost the Democratic primary to Mike Amodeo in the normally Democratic district

Among Democrats who voted aye:

  • Sen. Shirley Huntley of Queens lost her primary to same-sex marriage opponent James Sanders, a City Council Member
  • Assembly Member Naomi Rivera lost to Mark Gjonaj, the challentger backed by Sen. Ruben Diaz, Sr., the Bronx Democrat who led the fight against gay marriage in New York. (Gjonaj will be the first Albanian American elected to the Legislature.)

Campaigners for same-sex marriage are quick to point out that Huntley was under indictment (and pictured right before the elections in the city's tabloids wearing handcuffs); Rivera under an ethical cloud; and Alesi under fire for filing a personal injury lawsuit that many deemed frivolous.

But few would dispute that the marriage issue was high profile in the Grisanti, Saland, and McDonald races.

Mayor Mike Bloomberg, a late commer to the marriage equality cause (he came out for it in 2005 — the day he successfully appealed a court order to start issuing licenses to gay couples), donated heavily to the Republicans who voted for it and some of the Democrats (reserving his latest million-dollar donation to keeping Republicans in charge of the Senate). Cuomo offered his support to the four Republicans. Even Speaker Christine Quinn (D-Chelsea) said last year: “I don’t want to see them lose their seats.”

The Republicans also benefited from plutocrats such as Paul Singer, who has a gay son, and libertarian David Koch, who are fine with legislators voting for same-sex marriage as long as they are part of Republican majorities that do their bidding on their core agenda of deregulation and low taxes.

LGBT groups such as the Human Rights Campaign and the Empire State Pride Agenda also raised money for their newfound friends, but their ability to help win primaries for Republicans challenged from the right was complicated by the fact that none of the incumbents sought open endorsements from these groups and few of their members are active in the Republican Party in these districts.

Even the Log Cabin Republicans of New York State — an openly LGBT group — did not do formal endorsements of Saland and McDonald. They did endorse Grisanti and pro-marriage equality Republican Assemblywoman Janet Duprey, who won her primary.

HRC did not respond to a query about the level of troops they mobilized on behalf of marriage equality supporters in New York.

Lynn Faria, the acting director of the Pride Agenda, said, “We got involved in phone banking our supporters, donating staff time and direct financial support and helped the campaigns connect with our donors.”

She also said they had "more than 20 volunteers and a dozen seasoned Pride Agenda staffers on the ground" for the primary elections. They made an $11,000 donation to McDonald, $1,000 to Grisanti, and none directly to Saland, though “many of our supporters and board members did,” she said.

But compare that with NOM's efforts.

Brown said the organization "worked closely with folks disillusioned with Grisanti and McDonald and Saland."

"We will continue to do that. We spent a quarter million in the McDonald race. Some of it was issue ads. We highlighted his vote on same-sex marriage. On Saland we spent $50,000 to 100,000," he continued. "That race took people as a huge surprise. It was an uphill battle. Saland had been there for so long. No one expected Neil De Carlo to make it close, but he ran on it and made his position clear. We did automated calls. Email to our members. And that was the biggest issue in that race.”

The Pride Agenda did not run independent ads in these districts to help their Senate supporters, nor does it seem any LGBT group did.

Gregory T. Angelo, chairman of the Log Cabin, said that out of their 1,900 members in the state, they had “a couple of dozen on the ground” in these campaigns. They helped significantly with fundraising, but noted that while McDonald spent “an incredible amount of money” and lost, Saland’s close call may have had to do with the fact that “he had not had to fight in a primary in the past” and “did not do a lot of spending during the primary,” relying instead on “grassroots” and “a smart and aggressive absentee operation.”

Assemblyman O’Donnell said he was "disappointed and concerned about people who voted yes losing their seats."

"I am also concerned about groups that raised money on this issue not helping the people who got it passed,” especially Assembly Democrats who led the fight, he said.

Brian Ellner, a New York gay activist who worked with the Washington-based Human Rights Campaign in 2011 on the bill and helped raise big bucks especially for the four Republican Senators who voted for it, pointed out that "two of the three Republicans running who supported equality and fairness were re-elected."

"The one who lost was defeated by 100 votes on a record-low turnout. It demonstrates clearly you can do the right thing and survive," he said.

There is some question of how much McDonald even wanted to win. A poll conducted by Singer’s PAC showed McDonald with a 54 percent approval rating from all voters.

But when McDonald announced his support for the marriage equality bill in June 2011, he famously said, “You get to the point where you evolve in your life where everything isn't black and white, good and bad, and you try to do the right thing. You might not like that. You might be very cynical about that. Well, fuck it, I don't care what you think. I'm trying to do the right thing. I'm tired of Republican-Democrat politics. They can take the job and shove it. I come from a blue-collar background. I'm trying to do the right thing, and that's where I'm going with this.” That kind of refreshing candor is usually reserved to former politicians.

NOM’s Brown is also predicting that Grisanti "is gone." "He’s going to lose the general,” he said.  

Asked if he realized that their support for Conservative Swanick might deliver the seat to pro-gay Democrat Amodeo and help with a Democratic majority in the Senate, Brown said he didn't "really care."

“These Republicans betrayed their constituents and their Republican Party principles," Brown continued. Indeed, the Republican National Convention once again adopted a platform calling for a federal constitutional amendment limiting marriage to man-woman couples throughout the United States.

While both NOM and the LGBT groups are spinning the results of the primaries as victories for their respective sides, Paul Schindler, editor of the Gay City News who has covered this issue from its inception, said, “NOM came nowhere close to doing what they said they’d do — make heads roll. But the notion that no one can lose their seat for this vote is just not borne out. McDonald clearly did. Saland came close. And Jim Alesi probably made the decision to get out over it.

“NOM wants to overstate it and our side wants to keep saying you won’t lose. My concern is that community leaders need to be willing to take a hard look at this. We buy into the idea that the polls are moving in our direction and it [marriage equality nationally] is inevitable. But we lose all the referenda on it. We’ll know a lot more about those concerns on November 7th” — when four more states hold referenda on same-sex marriage.

Ellner is working on a social media campaign called The Four to win marriage equality in Maine, Washington and Maryland and to fend off an anti-gay marriage amendment in Minnesota.

In each of those places, statewide organizations are working for and against the referenda. National groups such as NOM are working to win them for man-woman marriage and HRC and Freedom to Marry are aiding the efforts to open marriage to gay couples.

O’Donnell said he believes New York’s passage of marriage equality was “a tipping point” for the country. The adoption of the law here was said to have heavily influenced President Obama decision this year to come out for same-sex marriage — a position he had held as a candidate for state Senate in Illinois years ago but abandoned when he ran for statewide and national office.

Even as the political struggle over same-sex marriage continues as a driving theme in local elections, it is also still playing out on the national level.

Obama’s Justice Department was in federal appeals court in Manhattan on Sept. 27 with the American Civil Liberties Union arguing for federal recognition of the marriage of New Yorker Edie Windsor, 83, widow of Thea Spyer. It is one of several cases the US Supreme Court has before it finishes this term. The case will determine if legally married gay couples should get federal rights denied them by the 1996 Defense of Marriage Act, and whether the denial of marriage rights to Californians by Prop 8 in 2008 was constitutional.

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Andy Humm is the co-host of the weekly Gay USA cable TV show, a contributor to Gay City News, and a former city Human Rights commissioner. Image of National Organization of Marriage President Brian Brown by Fibonacci Blue, used under Creative Commons license.

Rival Candidates in State Senate Race Say They Won't Toe Party Lines


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NEW YORK — On a warm Sunday morning in September, a pastor at the The Nativity of the Blessed Virgin Mary in Ozone Park, Queens, speaks about the importance of being both a U.S. citizen and a leader for God. An American flag is perched just a few feet away.

While the sermon might be at the forefront of their minds, parishioners are unlikely to have forgotten that two members of their congregation are locked in a heated political battle. When they go home at night, they probably see their councilman’s commercials, where Councilman Eric Ulrich walks the streets of Queens talking about local business.

They’ve probably seen their state Senator, Jospeh Addabbo, at events across the district. It’s an uneasy feeling for a good deal of the parishioners here who say they wish the two men weren’t opponents.

“I wish they wouldn’t run against each other... but it is politics,” said Ruben Martinez, who has been an active member of the congregation for 16 years. He said he knows Joseph Addabbo Jr. through the Knights of Columbus and Erich Ulrich through the parish. “I’m up in the air about who to vote for,” he said.

The two men vying for the 15th State Senate District in Queens know each other fairly well beyond their shared congregation. As councilman and Senator, both men have appeared at political gatherings together despite being from opposite parties. They also attended the same school and live near each other — Addabbo in Howard Beach; Ulrich in Ozone Park. Each claims to be independently minded, and not bound by party loyalty.

But on the issues that matter to their community, they are mostly far apart. And each has been working to paint the other as someone who either believes the wrong things, or won't actually stand up for what they believe in.

The two men had strikingly different starts in life. Ulrich was the first in his family to earn a college degree when he graduated from St. Francis College with a degree in political science. He worked for the Transportation Security Administration and the New York City Board of Elections. In 2005, at age 20, he ran for a Republican district leader post and lost by 120 votes.

Then, in 2009, he ran and was elected to the Council, where he is the youngest member of the body. Ulrich was also chosen by the Mitt Romney campaign to be their chairman in New York City.

In contrast, Addabbo comes from a well established political family. His father, Joseph P. Addabbo Sr., served 13 terms in the U.S. House of Representatives and became a noted critic of defense spending during the Reagen years.

Addabbo Jr. has sought to link his work as a lawmaker with his father’s legacy. After spending several years practicing law following his graduation from St. John’s University and Touro Law School,  Addabbo Jr. ran for and won election to the City Council in 2001. He served for seven years before defeating 10-term Republican incumbent Sen. Serphin Maltese in 2008 to represent the 15th district.

Debating The Issues

Things have gotten ugly quickly in the race between the two men.

Ulrich has attacked Addabbo for “flip-flopping” his vote on same-sex marriage. Addabbo voted against the measure in 2009, but voted for it in 2011. Now, though, Ulrich says the vote shouldn’t even be an issue.

“It’s the law of the land,” he said. “I would not have voted for it if I was in the Senate at the time because of religious beliefs, but now that it is the law it is not going to be repealed and, if it came up for a vote, I would not vote for repeal.”

But Ulrich is willing to attack Addabbo forcefully on other subjects. “I think he has been a lap dog to his party. He went to Albany and forgot his constituents in Queens and raises taxes on small businesses,” he said.

Addabbo has stressed his experience and independence. “Listen, I watched Eric in the community and he has played my playbook,” the senator said. “I was involved with the local police council, community groups — that was my playbook before I was elected in 2002. But I have a lot more experience that he does. He has only been in public service for three years.”

Addabbo also emphasizes his time on the City Council as a formative experience that has prepared him for his service in Albany.

“He has not had to deal with anywhere near as bad budgets as I’ve had to deal with,” he said. “We had the worst city budget in history in 2002 and then, when I was elected to the Senate, we had the worst state budget in history. During tough times who do you want representing you?”

Ulrich has been successful at setting the terms of the debate so far. His commercials focus on small businesses in an obsessive manner.

As Liz Benjamin of the State of Politics noted, “Ulrich mentions the phrase ‘small business’ once every six seconds on average,”  and he has attacked Addabbo repeatedly on his record of helping small business.

Addabbo has responded with events in the district focused on business, like a small business walk and he has cited work to cut tax breaks to companies that outsource jobs overseas.

Addabbo may be playing defense because Ulrich’s campaign is much better funded. Ulrich has been the winner in fundraising, with his committee having raised nearly $299,000 in 2012. Addabbo’s committee has raised $150,311.

Ulrich has touted a National Federation of Independent Businesses report card that gave Addabbo a 50 percent score. The NFIB is a right-wing group that donates heavily to Republican candidates. The scorecard is based on seven bills the group supported. Addabbo voted for three of their measures, including a property tax cap; but he also voted against three, including a bill that would impede the state from imposing regulations on Voice over Internet Protocol services.

Addabbo also got a bad score from tne NFIB for missing a vote on Tier VI pension reform because he had walked out of the chamber in protest with the rest of the Senate Democratic conference.

But Ulrich has a list of his own disagreements with Addabbo’s votes. “He voted to repeal the STAR rebate” — a property tax rebate — “and then voted two years later to restore it. He voted for the MTA payroll tax which hurts small businesses — I would not have voted for it, and he supports more charter schools because he is beholden to the teachers union,” Ulrich said.

He also said he feels Addabboo “half-heartedly” supports stop-and-frisk. “It seems to be that he wants his cake and to eat it, too,” Ulrich said.

State Sen. Michael Gianaris, the head of the state’s Senate Democratic Campaign Committee, said the issue of small business and job creation actually favors Addabbo.

“There is only one candidate in this race that produced jobs, only one who actually supports a minimum wage hike and equal pay for women and is not an extremist right winger,” Gianaris said.

Scott Reif, a spokesman for the Senate Republicans, said Ulrich is viewed as an up-and-comer. “There is every indication that he has been a great councilman fighting for his community, and fighting for the middle class,” he said.

Addabbo notes that he has passed legislation to give tax credits to small business and has worked to lower utility bills for small businesses in his district. He also says that while Ulrich is focused on one important issue, his campaign has the experience to deal with a multitude of issues facing the people he represents. He points to job fairs he has held across the district; environmental issues facing the area; and concerns about rising rents.

Ulrich says that, unlike Addabbo, he won’t be beholden to his party. “They are in for a surprise. I told [Majority Leader Sen. Dean] Skelos I’m not going to be tapped on the shoulder and told how to vote,” he said.

For instance, Ulrich says he supports a hike in the minimum wage — which Skelos has labeled “a job killer” — saying it will help workers and communities.

Addabbo insists he is also not just a cog in his conference’s machine. “I am a proud Democrat but I won’t put party interests before my people,” he said. “My voting record is out there. You can see when I didn't vote with my conference because I didn’t think it was right for my people.”

As for Ulrich’s support of the minimum wage, Democrats point out that the councilman missed hearings on a resolution in support of it.

But Ulrich campaign spokeswoman Jessica Proud said that while he might have been absent from the committee meetings, he voted in favor of the resolution when it came before the full Council later that afternoon.

Ulrich, she said, “has been a consistent and vocal supporter of raising the state's minimum wage... . If anyone is trying to suggest otherwise, they are simply wrong.”

When asked if he believes Ulrich does not truly support a hike in the minimum wage, Addabbo declined to speculate, but noted that he supports it and may have supported it before Ulrich.

He did, however, point to another issue that makes him question Ulrich’s independence.

“When he actually said he is for hydrofracking and gave the same line Sen. Tom Libous delivered on the floor of the Senate about how it will benefit the upstate economy I was taken aback. Do you know what it would do to the people and businesses of this district if our drinking water was tainted? It would be a disaster. So if he is pulling the Republican line, I don’t know how independent he can be,” Addabbo said.
 
Regardless of Ulrich’s own beliefs, Democrats argue that keeping the Republicans in the majority in the state Senate will prevent votes on a minimum wage hike, tougher gun laws and other legislation.

But Ulrich has broken ranks with his party before — he supported full immigration reform and was the only Republican on the Council to vote for rent stabilization.  “He certainly has been an independent voice, but our conference is made up a lot of different voices,” Reif said of Ulrich.

Another issue on both candidates’ minds is reforming the culture in Albany. Ulrich says he wants to see the state Board of Elections get tougher on candidates who violate state regulations.

“The state Board of Election needs to increase its enforcement,” he said. “It needs a robust financial enforcement unit … and if the laws are vague we need to change them. Candidates should not be able to use campaign donations as a piggy bank for themselves while they are in and out of office.”

Addabbo cites his time as the chair of the Senate elections committee, where he championed a number of bills that broadened voter access, as a sign of his commitment to reforming Albany and good government. But he would like to take election reform further than increasing enforcement rules. During his time on the Council, Addabbo worked on campaign finance reform and public financing of elections, and says he wants to use his experience on the issue in Albany.

“Unfortunately, both sides of the aisle like getting big corporate checks with little oversight and reporting,” Addabbo said. However, he says he hears there is motion in Albany on larger campaign finance reform, including possible movement on bills he has co-sponsored.

“The bottom line is we have to do this,” he said. “I implore the governor to go further because we won’t restore credibility to Albany without it.”

Independent But Partisan

So who will be more independent, and who will stick to the party votes? Addabbo says he doesn’t think that is how voters will think about their choice between the two candidates in the end.

“My people don’t care about who is more Democrat or Republican, they don’t care about commercials or billboards. They care about, ‘what are you gonna do for me?’” he said.

Regardless of what any candidate says is the most important issue of the race and how much they claim independence, each of them are beholden — at least financially — to partisan interests.

For instance, Ulrich received a donation fo $10,000 from Friends to Elect Dean Skelos, and the New York State Senate Republican Campaign Committee has given Ulrich $234,700. The New York State Republican Committee has given Ulrich $250,000.

Addabbo, on the other hand, received much of his campaign cash from the committees of his fellow Democratic Senators, such as Liz Krueger, Kevin Parker and Mike Gianaris. Friends of Mike Gianaris has given Addabbo over $10,000 in this election cycle.

Other major donors to his campaign include various trade unions and gambling interests. Genting New York LLC, the company that was involved in lobbying Gov. Andrew Cuomo to build a mega casino in Queens, has donated over $10,000 to Addabbo.

____

Kamelia Kilawan contributed to this report.



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