Photo by office of Gov. Andrew Cuomo>

Gov. Andrew Cuomo hosts a cabinet meeting in the Capitol

As early as today the administration of Gov. Andrew Cuomo is expected to unveil CitizenConnects, a website designed to open the executive branch to the public. The project, which has been under development for about three months, will deliver on Cuomo's campaign promise to make his detailed schedule public -- when his meetings are, who he meets with, where he is and why he is there. It will also make his travel records available to the public.

"Democracy works when the voice of the people rings strong and citizens participate in government," Cuomo said about the site which will look to involve citizens with the executive branch. "I urge all New Yorkers to contribute their ideas for building a new New York and join in discussions with their fellow citizens on important state issues."

The administration, which has faced some criticism for its lack of openness, now promises to reveal an array and depth of information almost hard to imagine in Albany. It could have a major effect on operations in the capital where doing business under wraps and behind closed doors has been standard operating procedure. It all depends on how the Cuomo administration uses it.

Information Online

Gotham Gazette got an exclusive preview of the site yesterday. CitizenConnects will provide advance schedules, detailing up to three weeks of public appearances for cabinet members and commissioners. And it will look back as well, providing detailed records of Cuomo's schedule, for his first nine months in office.

Other politicians who make their schedules public—like Sen. Kirsten Gillibrand— list calls they have with other officials, meetings with labor groups, town hall meetings and the like. 
Administration officials say the site will provide that type of detail regarding Cuomo's schedule. It will offer less detail on commissioners' schedules.

The flow of information is meant to be more than just one-way. Cuomo, Lt. Gov. Bob Duffy, commissioners and cabinet members will participate in weekly online chats. Using the website, members of the public will be able to submit policy ideas and questions to Cuomo, executive staffers and commissioners.

Cuomo is tentatively scheduled to be part of an on-line chat on the site this Saturday.

One administration official said the site was a "first step," and that it would become more interactive over time.

The site will keep notices of public meetings and allow users to register to attend meetings of groups such as the Regional Development Councils and to connect with programs like "Labor For Your Neighbor."

Cuomo has been under increased scrutiny from the press and good government groups because of his apparent failure to deliver on the promise of greater transparency. Recently, a controversy over redacted travel records and Cuomo's predilection for sharing very little with the press have caused pressure to mount for him to become more accessible and the administration to be more transparent. A recent Newsday article about the Cuomo administration details how its recently-issued list of public information officers does not include their home or cell phone numbers--something that the Spitzer and Paterson administration did include. Yet with sterling approval ratings and loads of legislative accomplishments, some felt that the administration felt little need to open up. The release of the site comes just five days before a panel discussion at the New School titled, "Cuomo and the Media:Managing the Message."

Of the new website, Cuomo said, "This will be a town hall in every sense. It will be an open forum for New Yorkers to interact and participate in their government, it will be a place New Yorkers can visit to communicate with their leaders and sign up for community activities, and it will allow New Yorkers to have a direct window into the workings of their government."

The administration started work on the project three months ago after the end of a whirlwind legislative session and has been discussing the initiative with good government groups. It attributed further delay to Tropical Storm Irene and the flooding that followed.

Up until now the Cuomo administration has released a schedule of events the governor attends, events such as closed-door meetings with his cabinet and informs readers that he will be in "Westchester and Albany." It does not, though, detail who he is meeting with or say exactly where he is.

Azi Paybarah of Capital New York asked Cuomo about openness in his administration during a question and answer session in June. "I think I disclose on a daily basis where I am, what my public schedule is. I think we’ve been doing it on a daily basis," Cuomo replied.

Close-Mouthed Capital

Keeping secrets has long been a way of doing business in the capital. "In Albany the way to keep policy intact is to keep it secret. The leaders go into a room and hash it out," said Barbara Bartoletti of the League of Women Voters New York. They keep their plans secret, she said, " because if it leaks out it will fall apart."




When Cuomo took office the state was still reeling from two dysfunctional governors. The public was focused on corruption and the "three men in a room" power structure that has guided Albany for years.





"Prior to Cuomo we really had one-and-a-half to two-and-a-half men in a room," said Baruch College professor Doug Muzzio. "It hasn’t been a full man in a room representing the governorship, because Paterson was weak and Spitzer was dysfunctional. Clearly the game is different now. There was yearning for leadership and we got it."


But, Muzzio noted last week, Cuomo still operated with little transparency. When it came to making policy and law, Muzzio, said, Cuomo did it all extraordinary quietly, because he understands the game,” says Muzzio. "He comes in with a huge advantage, having been inside the governor's mansion for years. So much of what he did, he did in private. ... His relationship with the news media is the antithesis of his father -- he doesn’t talk to the press because he knows if he doesn’t he won't stick his foot in his mouth like Gov. Christie or his leg up to his knee in his mouth like Bloomberg."

It is of course far too early to know how much the new website could change things.

The new website may not alter the way Cuomo speaks to the press or how he deals with the legislature, but having his schedule and records public will keep reporters and watchdogs better informed and possibly help them and the public better understand how policy decisions are reached.




Cuomo has recognized the value of openness in the past. It was Attorney General Cuomo, after all, who hired former New York Public Interest Research Group legslative head Blair Horner to set up Project Sunlight, a searchable database of campaign contributions, legislation, member items and lobbying information.

On his first day in office Cuomo opened up the second floor of the Capitol, which houses his office and had become known as "Fort Pataki" because the former governor had closed it, walling himself off during his three terms in office.

When Cuomo took down that wall, "People sort of stopped watching, except for good government groups," said Bartoletti.

But Bartoletti said the sunlight then seemed to fade. While he opened the second floor of the Capitol, he closed the third floor entrance to the Legislative Office Building, creating a logjam for lobbyists and visitors. Instead of entering the office building directly, visitors have to go through security in the Capitol building, go down an escalator and through a tunnel, and then head up to the the building from the concourse at the Empire State Plaza. The change was made, according to the Cuomo administration, to save money by eliminating a security checkpoint. But to Bartoletti the greatest symbol of Cuomo's lack was how few times she saw him.

"I've never seen him walk through the capital. I used to see Gov. Spitzer walking to various events, and certainly David Paterson going to the convention center and other functions. But I've never seen this current governor attending what goes on in Albany. It is just an outward symbol of how he seems to have retreated into his offices in Albany and New York City," Bartoletti said.

In its first months in office, the administration drew scrutiny for its close relationship with NY Post scribe Fred Dicker and disregard for other news outlets and for guarding information the way a dragon guards its gold.

It has become tradition in Albany for reporters to request records of the governor's travel on state police aircraft. When that time came this year, the Cuomo administration seemed unprepared. The Times Union and Associated Press said Cuomo's information officers haggled with them about what they would disclose.

"Previous administrations, when asked for the same data, provided thick piles of the state police travel request forms that show all the key information, including the purpose of the trip," wrote Times Union reporter James Odato.

In contrast, Odato said, Cuomo administration FOIL lawyer Amy C. Karp released "just six pages" of travel information. And, he wrote, the travel information came in a spreadsheet, not in the public documents typically shared with the press. Beyond that, the documents were full of black ink that "made it impossible to understand why someone used planes or helicopters during the governor's first six months in office." After reporters haggled with the administration, Cuomo spokesman Josh Vlasto shared more information but would only read it to the press; he did not provide copies.

Other Albany correspondents have expressed concern about transparency in the Cuomo administration. On Aug. 8 the Buffalo News ran an editorial titled "Not Transparent Enough." The piece describes the struggle of the paper's Albany bureau chief, Tom Precious, to get the administration to lay out how it will fulfill its mandate that all state agencies cut operating costs by 10 percent this year.

"The administration is talking about transparency without fully embracing the concept," reads the editorial. "Gov. Andrew M. Cuomo should remember that transparency is good for the public, which has a right to information, and for his own image."

The editorial further notes that the administration has released a statement "indicating the budget-cutting exercise at agencies is well under way."

"We think that’s good," the News writes, "but we really don’t know because we have no idea of the details of the plan to reduce operating expenses at all state agencies by an average of 10 per-cent. And no details seem to be forthcoming."

A New Openness?

Good government advocates are reacting positively to the new website. "I congratulate Gov. Cuomo for taking government transparency to a new level. By providing information of importance to the public, even before anyone asks for it, the website will give New Yorkers the opportunity to know how their government serves them and offer their points of view. This is a groundbreaking effort in bringing government closer to the people," said Robert Freeman from The Committee on Open Government.

Russ Haven, executive director of the New York State Public Interest Research Group, or NYPIRG, said, "The 'town hall' web page offers a user friendly way for two-way communication between New Yorkers and the governor and his staff. Particularly at a time filled with so many challenges, the public wants to keep tabs on what public officials are up to. Through this portal the governor can boost transparency of his activities and contribute to the public's trust in government."

Photo by Gail Robinson

Congressional candidates David Weprin and Bob Turner faced a raucous crowd at a debate in Howatrd Beach last week.

In May, Democrats pulled off a major upset in New York's 26th Congressional District, winning a special election in a district Republicans had held for more than 40 years.

On Sept. 13, Republicans hope to return the favor and capture the traditionally Democratic seat in Queen and Brooklyn that Anthony Weiner – an outspoken Democrat if ever there was one – had to relinquish after his now infamous text messages.

The race in the Ninth Congressional District offers some big issues -- the president's popularity (or lack thereof), the future of Social Security, U.S, policy toward Israel. The contest, though, has attracted so much attention partly because, for legions of political junkies, 2011 is the dry year, the odd numbered year with no mayoral contest that occurs in New York City politics every four years or so.

A few other races of varying interest also will appear on some ballots in the city Tuesday. There are four special elections to fill vacant Assembly seats: two in Queens, one in Brooklyn and one in Manhattan. The contest to replace Darryl Towns in Bushwick/Cypress Hills has garnered the most attention with three serious candidates each of whom represents a distinct faction in this section of Brooklyn.

Any registered voter in any of those districts or the congressional district can vote in their local contest.

Sept. 13 also is primary day, such as it is this year. This means some voters will get to select their party's nominees for the few positions up for grabs in November's general election – and others will get to select those who serve in party posts.

So what’s the bottom line here? No one, regardless of party, in the Bronx or Staten Island gets to cast a vote on Tuesday. After that, it gets more complicated. Our guide to the races, the jobs and the voting rules below.

The Congressional Contest
The 54th Assembly District
The 23rd Assembly District
The 27th Assembly District
The 73rd Assembly District
City Council
Judges
District Leaders
Party Posts
Judicial Convention Delegates
When and Where to Vote

Congressional Temp

In the dragon-shaped slice of New York that is the Ninth Congressional District Democratic Assemblymember David Weprin and former cable television executive Bob Turner are fighting very hard for a job that many believe will onlylast about 14 months. With New York about to lose two House seats in the redistricting prior to the 2012 election, the ninth seems a likely candidate for elimination.

The political parties, though see this contest as a chance to show their strength -- or, more accurately, the other side's weakness – and have dumped in money and resources. Over the weeks, both candidate seem to have readily adopted the role as their party's standard-bearer. At a recent debate in Howard Beach -- complete with Tea Party hecklers and a pack of noisy Weprin backers in the rear of the church meeting room -- the two epitomized a left/right split.

Weprin embraced a millionaire's tax; Turner opposed it. Weprin demanded the closing of tax loopholes and repeatedly attacked tax breaks for companies that move jobs overseas, while Turner said he never met a tax break he didn't like. (Turner later said he was joking, but in the same answer he also was unable to name a single loophole he would seek to close.)

As a member of the Assembly, Weprin voted for same-sex marriage, which Turner opposes. Weprin said he supported a woman's right to chose and would not vote for anything to curtail it; Turner described himself as "pro-life."

Above all Turner hammered away at the need to cut government spending. When Weprin said he endorsed a jobs bill, Turner told the Howard Beach crowd, "Another jobs bill. Another stimulus. Another trillion in pork. Haven't you had enough?"

Turner paints the need for spending cuts in almost apocalyptic terms. "These budget problems are very real," he said. "I would like to see this country survive in 10 years as it is now." Invoking periods of hyperinflation in Russia and Argentina, Turner said, "It can happen here, and it will happen here."

Weprin insisted be would support cuts in spending by, among other things, withdrawing more troops from Afghanistan and Iraq. "I didn’t say I wouldn't cut any spending …. I would do it with a scalpel, not a hatchet," he said, adding "we also have to have some form of high-end taxation."

Turner has sought to turn the election into a referendum on Obama, who is thought to be unpopular in this largely Democratic district. He got a boost from former Mayor Ed Koch, who though he has characterized Republicans in the House -- whose ranks Turner would bolster -- as "scoundrels" called on district residents to vote for Turner to send Obama and other Democrats a message on Israel.

Weprin, scion of a political family and former member of the City Council, seemed slow to catch on, probably never anticipating that, as an observant Jew who has visited Israel many times, he would find himself under attack by some Jews for supporting same sex marriage, not railing against an Islamic center near Ground Zero or being insufficiently pro-Israel. Never an electrifying campaigner, Weprin made several gaffes, canceling a debate hosted by a powerful civic organization, for one, and underestimating the size of the national debt by a factor of three.

As election day neared, Weprin seemed to find his footing a bit, calling on voters to support him to send another message, one in support of Social Security and Medicare. At the Howard Beach debate, he repeatedly pledged that protecting the programs "will be my top priority" and said Turner could not achieve his goal of cutting government spending by 35 percent without hurting the two programs.

For his part Turner, has tried to distance himself from some Republicans who have attacked Social Security. Instead he called it "a successful program," but added. "the finances are in trouble so much so that the program is in jeopardy."

And Turner fell victim to some gaffes of hos own -- on tax loopholes, for one.

It may, though, be too late for the Democratic to reverse the tide. Late last week, the momentum seem to have shifted solidly in Turner's favor. A Siena Poll found Turner with 50 percent of voters, compared to 44 percent for Weprin, within the statistical margin of error, though just barely, but hardly good news for Weprin.

The key could lie in how many of those voters actually go to the polls on Tuesday. This weekend, both sides stepped up efforts to make sure their backers did. Turner hoped an endorsement from former Mayor Rudolph Giuliani would galvanize his supporters. Weprin turned to popular Democrats, such as Sen. Charles Schumer and Gov. Andrew Cuomo.

Three-Way Showdown

Photo by Candy Godron

Candidates for the 54th Assembly District meet in Cypress Hills to debate.

(Last month David King profiled the race in the 54th Assembly District in Three Candidates vie in a Special Special Election. The following updates that report.)

Most special elections for state legislature in new York City leave little open to question. Since the rules do not call for primaries, party leaders pick their nominee. Given the lopsided party enrollment in most of the city, the Democrat then coasts to victory. In the 54th Assembly District, the party leaders made their choice -- selecting Rafael Espinal to fill the post. But that certainly has not been the end of it.

The question in the special election in Bushwick to fill the Assembly seat vacated by Darryl Towns seems like a simple one. Can 26-year-old Jesus Gonzalez use his skills as a community organizer and excitement around his candidacy to deliver enough voters to the polls to support him?

He now enjoys the endorsements of El Diario and the Daily News. Media reports have focused on his relative independence compared to that of Deidra Towns, sister of Darryl Towns and daughter of Rep. Edolphus Towns, and that of Espinal, who is backed by the Democratic Party leader Vito Lopez and the father-son team of State Sen. Martin Dilan and City Councilmember Erik Dilan.

While Towns can boast of overwhelming name recognition, Espinal has sewn up the Democratic and Conservative lines. As the Daily News endorsement of Gonzalez pointed out, Espinal filled out questionnaires for the Conservative and Working Families Party in completely contradictory ways. For the Conservative Party he stood against same-sex marriage; for Working Families he was for it.

Espinal flouted repeated attempts by the Gazette to speak with him about where he really stands. He canceled scheduled interviews, tried to dictate what questions would be asked and then ran out of a room to avoid an interview.

But with the Democratic and Conservative line and the backing of establishment politicians like Lopez and the Dilans, Espinal has to be considered the favorite. To win, not only will Gonzalez have to turn out his voters but like Towns he will have to educate them to vote on his line -- in Gonzalez's case the Working Families Party Line, in Towns case the Community First Line.

As the campaigns have tried to educate voters, door -to-door, at subway stops, nursing homes and picnics the Espinal campaign has avoided charges that they failed to file campaign finance documents on time and that they doctored a picture. His opponents say the Espinal campaign changed a picture so that protestors who actually carried about a proposed halfway house seemed to bear placards attacking Mayor Michael Bloomberg.

Gonzalez said the prospect of real political choice could drive the district's residents, who usually don't show up in large numbers, to the polls. "We need to win people who vote religiously, and we need to get new voters out. But we have to educate them on how to vote for us," said campaign manager Sarah Johnson. "People say this is a low turnout district but when have voters in this district had this kind of choice?"

Following Pheffer

Photo by Gal Robinson

Jane Deacy and Philip Goldfeder faced voters in Queens last week.

Although he is only 30, Philip Goldfeder has good political connections -- he's worked for Sen. Charles Schumer, Mayor Michael Bloomberg and two Queens City Council members. That connection seems to have paid off, as the Democrats this summer anointed Goldfeder as their pick to fill the Assembly seat left vacant when Audrey Pheffer became Queens County clerk. Before he can get to Albany, though, Goldfeder needs to fend off Republican Jane Deacy in the 23rd Assembly District, which includes the Rockaways and Howard Beach.

Goldfeder believes his lifetime in the Rockaways and links to Democrats -- he often ties himself to Pheffer who he praises effusively -- will win him the job. Republicans point to Deacy's resume -- she was one of the first women ever trained as police officer in the city -- and what they see as a GOP trend in the area as giving them a shot.

On many issues raised at a recent debate in Howard Beach, the two agreed. Both, for example, welcome the Racino at Aqueduct Racetrack as a possible source of jobs but urged a greater police presence to prevent crime and preserve the quality of life in the surrounding areas.

Both said they supported have an independent redistricting commission draw district boundaries. While both opposed taxes to raise money for the Metropolitan Transit Authority, such as congestion pricing and the MTA payroll tax, they agree that the authority should provide better bus service in their area.

Notwithstanding Goldfeder's one-word description of himself as "bold," Deacy seemed the more outspoken of the two. On same sex marriage for example -- which Deacy said she opposes -- Goldfeder said he could not say how he would have voted. "I don't know. I haven’t read the bill," he said, prompting at least one member of the audience to shout "bad answer."

When asked whether he would support Democrat David Weprin or Republican Bob Turner -- both of who debated only minutes later in the same room (see above) -- Goldfeder demurred, saying he did not live in their district. And he tried to remain vague on a bill to make English the official language. (Deacy backs it.)

The two did take different stands on hydrofracking for natural gas. Deacy said she wanted a study to determine if the drilling would damage New York City's drinking water. "If health would not be at risk," Deacy said, "and it’s a job creator for New York residents, I'm all for it."

Goldfeder disagreed. "If there's any chance that the New York City water supply is going to be in jeopardy, then the answer is no," he said.

And while Goldfeder backs a millionaire's tax, Deacy opposes it.

In terms of fundraising, 11 days before the election Goldfeder had $109,649; Deacy had $34,791.

Replacing the Boss

The race -- if one calls it that -- for the 27th Assembly seat in Queens offers a textbook example of what some think are shortcomings of democracy in New York.

First Nettie Mayhersohn announced her retirement less than five months after winning reelection. While few could fault the Assembly member for wanting to retire as she neared 87 and after 28 years in Albany, some did question why she step down before Election Day -- when district resident could have chosen her successor.

Then patty leaders picked her longtime aide Michael Simanowitz, as the candidate from the largely Democratic district. Justin Wax Jacobs, a former studemt Association president at University of Albany. also wanted to run. Democratis leader, he has said, refused to even interview him. Persevering, Jacobs then collected 1,600 signatures (the party's picks don’t have to collect even one signature; only those running on their own do).

But Jacobs' effort came to naught when the Board of Elections tbumped him off the ballot, criticizing him for not having the number of the Assembly district on the top of every page of signatures, the Queens Chronicle reported. It doesn't take a conspiracy theorist to think the Democratic Party might have had something to do with that. Party leaders contacted by the Chronicle refused to comment.

Meanwhile, Republican Marco DeSena, a communications consultant and former adviser to Rudolph Giuliani's presidential campaign, still hopes to deny Simanowitz the seat.

If money is a guide, he has an uphill fight. Although the state Board of Elections does not show his report for 11 days prior to the election his July report showed him with $9,463. Early his month, Simanowitz reported $85,052 on hand.

East Side Story

Jonathan Bing had barely stepped down to join the Cuomo administration before it seemed every leading Democrat in Manhattan was touting Daniel Quart as his successor for the Assembly from the 73rd district. A lawyer and member of a community board, Quart is reportedly on good terms with Bing and had backing from U.S. Rep Carolyn Maloney, among others.

Manhattan Republicans though want to put a crimp in Quart's plans, and have nominated Paul Niehaus, also an attorney, who lost to Bing in November.

In recent years hope has sprung eternal among East Side Republicans. Although once a bastion of all but extinct liberal to moderate Rockefeller Republicanism, Democrats in the district now outnumber Republicans three to one. And though Bing's predecessor -- John Ravitz --was a Republican, the Republicans have not won a race there in at least a decade.

Quart's most recent campaign finance filing showed him with a negative balance of almost $35,000. His report filed 32 days prior to the election showed $95,622 in expenditures, including almost $20,000 for polling.

Going into the final stretch, Niehaus reported having $14,479.

To the Polls -- Again

In November Ruben Wills won an election to fill the Queens City Council seat previously held by Thomas White, who died in office. The law requires that Wills go before the voters again this year.

The primary for the seat from the 28th Council District is only the latest turn of events in a section of Queens that has become known for its bizarre politics over the past decade. This is the home turf of former City Councilmember Alan Jennings, who lost his 2005 re-election bid following his censure by the council and a spate of bizarre newspaper advertisements.

Wills has had his own problems. In his unsuccessful 2009 race for council, he allegedly tried to punch Jennings. White won that contest.

After White died, the contest to replace him featured Jennings (again!), Wills and an imam who was investigated for illegal possession of a weapon, as well as Nicole Bell, whose fiance, Sean Bell, was killed by police on the day he was to have married her. Another candidate, Albert Baldeo, rebutted accusations he faked campaign contributions and accused other candidates of various types of skullduggery.

This time around Wills faces, yes, Jennings, along with Michael Duvalle and Clifton Stanley Diaz. Whoever wins will likely go to the council, since there is no Republican candidate.

Wills has accused Jennings of using "questionable loans" to finance his campaign and wants the Campaign Finance Board to investigate. Jennings, according to City Hall, owes the city some $45,000 for previous campaign finance violations.

For his part, Wills faces a trial on Oct. 4 for an unresolved misdemeanor case dating back to 1996. He also has open warrants for failing to pay more than $25,000 in child support payments, the Wall Street Journal reported.

This part of the city has been hard hit by the foreclosure crisis but by most accounts the campaign has featured little serious discussion of that. Wills and Jennings hurl charges and countercharges at one another while Diaz, chair of the Rochdale Village Housing Civic Association, and Duvalle, a small business owner and onetime educator, remain largely silent.

Judicial Contests

The only judicial primaries are two Democratic contests for Civil Court seats. In Manhattan's Third Municipal Court District, Housing Court judge Sabrina Kraus faces Tony Cannataro, a law clerk for a state Supreme Court judge. Brooklyn has a countywide contest between Sharen Hudson of the Red Hook Community Justice Center and Cheryl Gonzales, another Housing Court judge.

All four were approved as qualified by the New York City Bar Association. The Times endorsed Cannataro and Gonzalez.

Proxy Fights

In a number of neighborhoods, registered party members will get to cast votes for district leaders.

District leaders are intermediaries between the major political parties and the community in which they are elected. Together they form the governing bodies of the Democratic and Republican parties within their respective counties. The position is often seen as a stepping-stone to higher office, and many times is held by members of the State Assembly or City Council. Former New York City Mayor Ed Koch started his political career as a district leader.

Each district elects a male and female representative. District leaders serve four-year terms, are not paid and work within the political parties. "The way to think of them is not as a 'block captain,' but as a 'neighborhood captain,'" according to Alex Carabelli, deputy director of Grassroots Initiative, a non-profit organization that helps community members get elected to local office. "They help coordinate petitioning and local campaigns, and anything else the parties are doing in the community."

District leaders select poll inspectors, clerks, supervisors and translators to fill the various poll worker positions on Election Day. They also serve as ex-officio members of the County Committee Executive Board.

Generally in the city, the heated district leader battles are within the Democratic Party -- in 2008, for example, the fight for control of the Bronx Democratic Party played out partly in a series of District leader contests.

This year, a number of GOP district leader posts in Queens are contested. The seats have reportedly emerged as battlegrounds in the fight for control of the party between the current party leader, Philip Ragusa, and former City Councilmember and frequent candidate Thomas Ognibene. In one such showdown, Bart Haggerty, brother to indicted Bloomberg campaign operative John Haggerty, who goes on trial this week, faces Patrick Gallagher, the son of former Councilmember Denis Gallagher, who had some ethical problems of his own.

In Manhattan Democrats have several district leader contests. In part of the 70th Assembly District in upper Manhattan, three men are vying for the leader's post. The contest, in part, reflects the ongoing rivalry between Assemblymember and county Democtraic chair Keith Wright on one hand and State Sen. Bill Perkins on the other.

Party Politics

Queens Republicans will elect male and female members of the state Republican committee.

State committees are the official party organizations. Most Assembly districts get two members -- one male and one female -- elected by party members in that district. Often these elections, little noticed by many voters, involve larger battles for party control between two or more factions.

In Brooklyn and Queens, Republicans will choose members of the county committee.

Judicial Convention Delegates

Democrats in Manhattan and Brooklyn and Republicans in Queens will cast ballots for posts that some New Yorkers want to eliminate: delegates or alternative delegates to state judicial conventions. Those elected attend a meeting to vote on their party's candidates for state Supreme Court - New York's main trial court. Their action at these meetings tend to be "a formality because the bosses have usually picked the nominees beforehand," Carol DeMare wrote in the Albany Times Union.

Casting a Ballot

The election will be Tuesday, Sept. 13, with polls open from 6 a.m. to 9 p.m. All registered voters in the district can vote in the congressional race and the four Assembly contests. The other election are open only to those who have registered in a party at least 25 days before the election . If you have moved within your election district, you can still vote. But if you moved to another election district you must have notified the Board of Elections of your new residence - unless you moved within 20 days of the election. Then you can still vote in your old district.

In primary elections in New York people can vote only in the party in which they are registered.

You should have received a notice in the mail telling you where to vote, or you can go to the Board of Election's poll site locator or call 1 866.VOTE-NYC. This number can provide you with other information as well, such as registration deadlines.

On its web site, the Board of Elections also has instructions for how to work the voting machine, information on absentee voting, candidate lists -- and more.

Photo by Candy Godron

Candidates for the 54th Assembly District meet in Cypress Hills to debate.

The doors burst open at the Roosevelt Community center at 400 Hart Street in Brooklyn. Just a few minutes before noon on a Thursday in July a group of elementary school aged kids stream onto a stretch of concrete -- they yell and laugh while organizing a game of two-hand touch -- and a group of girls start jumping rope. Garbage bins overflowing with trash sit feet away, homeless men pick at the debris and curse at each other, and construction equipment whirs and clangs throwing dust into the air across the street.

Inside a group of seniors gather for lunch -- oxtail, rice and beans, and collard greens. The seniors here readily tell you what is wrong with their neighborhood -- the streets aren't paved, young people don't have jobs, can't feed their families and resort to crime. Fresh food costs too much, and what is passed off as fresh simply isn't. What has prompted the discussion is a visit by Deidra Towns one of three candidates vying for the state Assembly seat vacated by Darryl Towns, Deidra's brother, who vacated the seat to become Gov. Andrew Cuomo's housing commissioner.

The race for the 54th district, which encompasses Bushwick, City Line, Cypress Hills, East New York and part of Bedford Stuyvesant, isn't a typical special New York City election. Yes, as with most special elections the power brokers have chosen a candidate they hope to see easily slide into the seat without much of a struggle. Special elections usually have low turnouts, and it is traditional in Brooklyn for the candidate with the Democratic line to win easily, but this time various power brokers back three different candidates.

Towns has her family name. She is the adopted daughter of U.S. Rep. Edolphus Towns, and Brooklyn voters are accustomed to voting for that name.

But they won't be able to do it on the Democratic line this year as Rafael Espinal, staffer to City Councilmember Erik Dilan, son of state Sen. Martin Dilan, has the Democratic, Republican and Conservative lines, and is also backed by Brooklyn Democratic leader and power broker Assemblymember Vito Lopez. Because there is no primary for special elections, Towns had to create her own line and so will appear on her own Community First line.

Meanwhile community organizer Jesus Gonzalez is running on the Working Families Party line and reportedly has the backing of Rep. Nydia Velasquez, a long-time rival of Vito Lopez.

Party Pick

In a race where turnout promises to be very low, Espinal is thought to have a clear advantage because he has the Democratic line. City Hall website recently reported that Espinal also has an edge because he has help from staffers who paid by government salaries for their jobs on the staffs of Councilmember Dilan and Martin Dilan. City Hall reported that campaign finance records show that Espinal's press person Michael Olmeda, who works for Sen. Dilan as a field coordinator, had been paid only $500 for his campaign work through mid-August even though he works on Espinal's campaign at all hours of the day. Council staffers are not supposed to work on campaigns during the regular work day.

Espinal was the only candidate who was not interviewed for this story. Olmeda scheduled and canceled, or failed to show up for two interviews and before one failed interview he promised Espinal would "walk out" if Gotham Gazette asked any questions about Espinal’s endorsement by the Conservative Party and "things everyone has been asking about."

Towns has also faced controversy concerning her political allies. The Capitol reported that the non-profit Towns claims to be employed by and that she says has given her the experience she needs to be a public servant isn't exactly transparent. There is no record that the Versie B. Towns foundation has has filed a tax return since its inception in 1997, and it has not registered with the New York attorney general's office. Towns' spokesman told The Capitol that as far as Towns knows the organization did file with the state. The not for profit reportedly has something to do with education but it isn't exactly clear what.

Towns’ campaign website describes her duties as working with, "educators, students and elected officials to raise funds that have given more children from East New York, Brownsville, Bushwick, Bedford-Stuyvesant and Cypress Hills the opportunity to attend New York City’s specialized high schools and charter schools.”

Towns has the advantage of having her father's network of fundraisers behind her. WNYC reported that $91,000 -- a third of the money she has raised -- comes from out of state donors. Some of the largest of these donors have ties to her father.

On Thursday Towns tried to put some distance between herself and her family. "I am not my father, I am not my brother," she said. But when she addressed the group of seniors she and her campaign staff stressed her last name. They instructed the seniors very specifically how to vote for Towns on the Community First line. Later at a town hall meeting at the Cypress Hills Senior Center, Towns cast her campaign as "of the people," and separate from political dynasties and machine politics.

Stating Their Case

The seniors were aware of the race but most of them said they were not aware of the other two candidates vying for the seat. In a low turnout special election, educating and marshaling loyal voters is the key to victory. Towns is expected to rely on the African American community that has supported her family for years. Espinal will marshal Latino voters who are loyal to Dilan and Lopez, and Gonzalez has his experience as an organizer for Make the Road, an advocacy group for immigrants, as well as the backing of the Working Families Party, which is known for its ability to put boots on the ground and knock on doors.

Gonzalez's experience in community organizing and his connections to grassroots could give him a chance to pull off an upset, some observers think. At the town hall on Thursday night a large group of teens and 20-somethings packed the room to support Gonzalez and cheer his responses.

The forum provided an interesting look at the candidates' styles. Towns played up her role as a single mother and tried to separate herself from any talk of political dynasty -- "There isn't any party politics over here," she said.

Gonzalez' speaking style seemed informed by that of President Barack Obama. He trashed the typical machine politics of special elections and said voters had an opportunity to vote for him to change things.

"This isn’t a special election because the community has two political dynasties vying for the seat -- the same dynasties that have taken part in this kind of politics for 30 years. The community hasn’t had a choice but it is special because the community now has a choice because I am offering them an alternative," Gonzalez said later echoing his comments during the forum.

While Gonzalez hammered away at the idea that the special election is a fixed process with candidates appointed by the machine, Espinal did very little to dispel that notion.

"I want to make it clear everyone sitting at this table is backed by someone in politics," said Espinal in his closing statement, "but I’m being backed by Councilman Erik Dilan, Sen. Martin Dilan and Assemblyman Vito Lopez. These three guys together have brought the most affordable housing into this neighborhood, brought the most jobs into this neighborhood and have built the most schools in this neighborhood, and I am very proud to be part of that group."

Espinal seemed nervous and almost agitated. He continuously praised "the councilman" and noted that he has experience on "the city level." He also took stances that were more conservative than his opponents -- saying, for example, the district was being "dumped on" with the number of half way houses being constructed in the district. While Gonzalez and Towns said they thought rehabilitation is important, Espinal said Manhattan and Staten Island should take their share of halfway houses.

On the Issues

The candidates differed on other issues as well.

For example when candidates were asked about the performance of schools Chancellor Dennis Walcott, Towns said she was taking a wait-and-see approach. Espinal said that Walcott certainly "isn't Cathie Black" and smiled while Gonzalez spoke about mayoral control muzzling parents and proposed making chancellor an elected position.

The crowd at the forum also was interested in hearing about how the candidates would work to get their streets paved, get fresh food into the district and create jobs. Espinal proposed tax credits for businesses that hire the unemployed. Towns supported the use of bridge loans to help start businesses and bringing green technology jobs to the district. Gonzalez asked how many people in the crowd wanted to see a millionares tax, and the crowd exploded in favor. Towns and Espinal both agreed that they supported the tax. But Assembly members do not fix potholes and have very little influence on bringing jobs to their neighborhoods.

A revealing moment came during a discussion on housing. Gonzalez said he had refused to take money from "slum lords" -- he has accused the other candidates of doing just that. Espinal in return noted that his father is a homeowner and said that property taxes weighed on him. He said he would like to see a property tax cap for New York City as well as the one passed earlier this year for the rest of the state.

Espinal’s stance against same-sex marriage did not come up, nor did his endorsement by the Conservative Party.

The most telling moment, however, may have come when the candidates were asked if they support term limits for state legislators. Towns, the first to answer, responded that she did not support them -- the crowd exploded with applause, Espinal said that elections are term limits, and the crowd approved just as enthusiastically. Gonzalez turned the talk to election reform and called special elections a rigged process. The crowd wasn't as tickled.

Over the past month the Legislative Task Force on Demographic Research and Reapportionment, also known as LATFOR, has held public hearings across western and upstate New York. The task force gathers opinions from localities and citizens about how their districts should be drawn in light of new census data.

Every 10 years the same process takes place, and according to many good government groups and politicians, every 10 years districts are drawn to protect the Republican majority in the Senate and to enhance the Democratic majority in the Assembly. Minority populations are diluted in some areas and concentrated in others to boost some legislators while cities are carved up, making odd shapes across the map.

Most of the time, the drama, such as it is, revolves around precisely where the lines will go -- and who will benefit and who will suffer as a result. This year though, the key dispute concerns not the lines themselves but the process for drawing the lines.

Good government groups have united in an effort to do away with LATFOR -- to take the power of redistricting away from legislators and put it in the hands of an independent board. Gov. Andrew Cuomo put forward a bill that eliminates LATFOR and creates a non-partisan commission; the proposal has the support of good government groups as well as Assembly Speaker Sheldon Silver.

Senate Republicans, who stand to lose seats and possibly their majority because of the increase in Democratic voters in the state, have insisted the only way to change the process is to amend the state constitution -- something that could not be accomplished in time for this redistricting. Cuomo responded by promising to veto any lines drawn by LATFOR "that are partisan." That means LATFOR must try to comply with Cuomo's demand -- or face having its work overturned.

In the Spotlight

Members of LATFOR are clearly feeling the pressure of having their work so publicly scrutinized and criticized. In interview and at hearing they have fought back in an attempt to paint themselves as relevant and honest.

The Democratic LATFOR chair, Assemblymember Jack McEneny, called Cuomo's veto pledge "dumb" and "petty" during the task force's July 6 public meeting.

The Assembly speaker and Senate president pro tem each appoint two of the members of LATFOR -- one legislator each and one non-legislator. The minority leaders of the Assembly and Senate each get to name one legislator.

LATFOR began holding its hearings in July in Albany and will hold hearing in the city I September. After it finishes up with a session on Long Island in October, McEneny said, it will start drawing the lines.

The old Albany story, though, goes that the lines are drawn long before LATFOR's public hearings and that legislators already know how their districts will change.

Bill Samuels, a plastics magnate, who runs the progressive New Roosevelt Initiative, says it has long been part of Albany lore that a deal was struck in 1982 between legislative heads to keep the Democrats in charge of the Assembly and Republicans in charge of the Senate -- no matter what the statistics say. In a town where the budget is decided by three men in a room despite months of public hearings, it is easy to see how such a mystique arose.

Reflecting this viewpoint, Samuels called the hearings a "a sham, a waste of time." He added, "A year and a half ago, Cuomo said he'd veto, and nothing's changed."

McEneny took great umbrage at this. "I asked everyone from Common Cause to Citizens Union … if these hearings were useful to them and they all said 'yes.' We have a two-stage process: We take public input and that ends in October. If the legislature did come back and pass the legislation then the work we did would be there for whoever took charge," he said.

Back to the Legislature?

As the hearing began last month, former Mayor Ed Koch, who has founded New York Uprising to push for redistricting reform, and Dick Dadey, executive director of Citizens Union (whose sister organization publishes Gotham Gazette), called for the legislature to approve a bill creating a special commission to draw legislative districts. Noting that that had not occurred, they said in a written statement, "The rearing of LATFOR's public head today represents a continuation of the old-school partisan gerrymandering that has existed for over three decades and prioritizes the re-election of incumbents above all else in drawing new districts. This rigged practice has resulted in a 96% re-election rate among incumbents that has divided communities, underrepresented minority groups in the legislature and resulted in few truly competitive elections. "

McEneny said that groups opposed to the current redistricting system are taking their anger out on LATFOR. Instead of attacking the task force, he said, critics should push Cuomo and Senate Republicans to return to Albany to pass an independent redistricting bill.

"Gov. Cuomo can have a role in this by primarily going to the Senate and dealing with [majority leader] Dean Skelos," McEneny said, noting that he and Speaker Silver both support independent redistricting.

Samuels and McEneny see eye to eye more than they might realize. Samuels thinks Cuomo should focus on getting Senate Republicans to agree to pass legislation to establish a non-partisan commission. But at the same time he thinks it would be extremely difficult – impossible, even – to get Skelos to agree to such a thing.

Many experts believe independent redistricting will threaten, if not doom, the very slim Republican majority in the Senate. The state has seen population declines in rural, large Republican districts in northern and western New York, while the city and its suburbs have grown, if only modestly. Going into the current process, Republican districts already tend to have fewer residents than Democratic ones (for maps showing the deviations, go here), meaning even a slight population shift could cause a major loss in seats for the GOP.

In light of that, Samuels said, "I just don't see why Skelos would do this."

But some disagree. Political scientist Bruce Gyory has said it would be in the GOP's interest to try to strike a deal soon.

""If they push too far in truly partisan gerrymandering, the governor either vetoes it or the courts will overturn it, in which case it will go over to a special master," Gyory told NPR's Karen DeWitt. That special master, according to Gyorgy, would be appointed by the Justice Department which, under Democratic President Barack Obama, is unlikely to be very sympathetic to the Republicans.

Samuels thinks preventing independent redistricting – and so keeping GOP control of the Senate -- was probably Skelos' top priority for Skelos this year. On the other hand, Samuels surmises, the issue -- which does not poll especially high with the public and does not get much media attention -- was not particularly high on Cuomo's agenda.

"Maybe Gov. Cuomo has other priorities -- five or six things he needed to get done first that the public care about more," Samuels said. "If you and I offered to pay for everyone in New York who cares about the issue to come protest for independent redistricting, there still might only be 500 people up here."

Samuels has called on Cuomo to form his own advisory commission to put together their own lines, so that there will be a reference point for LATFOR and the public. This would also, in his view, give the courts something to refer to if Cuomo vetoes the LATFOR lines, sending the issue to the judicial branch.

Former State Assemblymember Michael Benjamin thinks Cuomo should accept the task force lines for now, to avoid what he thinks could be election chaos. In return, Benjamin wrote in the Post, the legislature would have to crate a no-partisan, diverse commission which would redraw the lines in 2015, rather than wait for the 2020 census.

The Senate, meanwhile has passed its bill to begun the process of amending the state constitution. Skelos has said that this approach is necessary because the state constitution currently give the legislature "the sole authority to draw district lines."

Republicans also note that the Democrats controlled the Senate for two years -- 2009 and 2010 -- and made no effort to act on changing the redistricting process."

A Case Study

As McEneny pointed out, a lot of groups are finding the hearings useful. Through its blog, Common Cause New York has provided census and district information about every area that LATFOR has visited. And it has found interesting examples that point up the complexity of the process and some of what is at stake.

Common Cause reports that the Capital District, including Albany, Schenectady and Troy, saw a 5 percent population increase in the last decade, defying the popular perception that people are abandoning upstate in droves. While the white population is declining, Common Cause found a 30 percent increase in the black population in the area and a Hispanic population that has doubled in size since 2000.

The Capital Region does not have the typical problems associated with upstate -- instead it shares characteristic with urban areas throughout New York. According to Common Cause, "In addition to having higher numbers of minority residents ... residents of Albany, Troy and Schenectady have lower incomes than residents of the surrounding towns, are less likely to own their homes, are less likely to be employed in white collar jobs, and are more dependent on public transit."

Common Cause writes, "It would be ideal" if two of the three cities could share a Senate district to better represent the minority population, but doing so would likely create an odd district that cut through many counties.

Meanwhile, the three major cities are split into two Assembly districts. And the black population of Albany is split in two Assembly districts, one represented by McEneny, the other by another Democrat, Ron Canestrari.

"This division of the city of Albany between two Assembly districts has no relationship whatsoever with the characteristics of the local community," says Common Cause. The minority population of Schenectady is also broken in two and represented by two Republicans, James Tedisco and George Amedore.

Common Cause notes that, while the state constitution prohibits the unnecessary splitting of counties and towns, it does not bar dividing cities. "In the Capitol Region, the urban minority communities responsible for the region's newfound growth should be respected and allowed the opportunity to benefit from unified political representation in the Assembly," Common Cause concludes.

During the hearings, Albany Common Councilman Anton Konev testified in favor of having Albany represented by one Assembly district, saying the current setup "dilutes the minority population."

McEneny dismissed criticism of the Albany lines.

Counting Convicts

As the hearings continued, at east one thorny issue did seem to be resolved. In 2009, the state passed a law mandating that state prisoners be counted in the communities they hail from, not where they are jailed. This results in decreased population, and political representation and funding, in New York City, where about half the prisoners are from, and increased population upstate, where most of them serve their time. The law will reduce the population of rural districts whose numbers are bolstered by prisons.

At the July 6 hearing, controversy arose when McEneny and his Republican counterpart Sen. Michael Nozollio indicated they were not following the 2009 law A number of Senate Republicans have filed suit to overturn the law, and it seemed that LATFOR was not defending the law in court.

On Aug. 4 LATFOR was back in Albany, returned from public hearings in Rochester and Syracuse, and its members had on less contentious faces. McEneny and Nozollio insisted that LATFOR would follow the prisoner counting law.

"I honestly don't know where that came from," said McEneny of the idea that LATFOR was not following the law. "We have no choice not to follow the law. We are waiting for the courts and have asked them to expedite a decision, but we have no choice but to follow the law. It was never a question."

The larger issues almost certainly will not be settled nearly as easily.

Photo by Noah S. Kunin

(Update: On Aug. 9, the city Lobbying Commission issues its preliminary draft report, which essentially included the proposed changed discussed below. The report is available here. For more on the report, see The Wonkster.)

New York City's Lobbying Commission wants to redefine lobbying.

"We're expanding the definition of when lobbying begins," said Herbert E. Berman, the commission's chairman. Current laws, he explained, define lobbying only as advocacy for bills that have been introduced, though much lobbying occurs before then, in the drafting of legislation for example.

This is one of several overarching changes to the city's lobbying laws that the commission is expected to proposed in a preliminary report that could be released for public review as soon as today. Once it is reviewed in a public hearing, the final recommendations will go to the mayor and City Council, who could then draft bills incorporating the proposals.

The commission, which was appointed by Mayor Michael Bloomberg and the City Council in January, hopes to increase transparency and disclosure on real lobbying activity, while lifting some of the burdens of lobbying reporting requirements from small organizations with limited advocacy efforts. In addition to Berman, a former council member who was chair of the council's Finance Committee, the commission also included Jamila Ponton Bragg, Lesley Horton, Margaret Morton and Lisa Vasquez.

The commission is the first group to examine the current lobbying laws since they were revamped in 2006. The 2006 law included a suggestion that an advisory board review the revisions after three years – not five. Council Speaker Christine Quinn has attributed the delay to a lengthy search for the right people. "We wanted to find a diverse group of commissioners," she said in January.

Lobbying Under the Radar

One problem with the existing laws, according to some experts, is that some advocacy efforts fall through the cracks.

"There's a lot of back and forth between lobbyists and lawmakers before the law is even written," said Alex Camarda, the director of public policy for a Citizens Union, a good government group. Citizens Union, whose sister organization publishes Gotham Gazette, is one of four non-government organizations that testified before the commission as they prepared their report.

The new definition of lobbying that the report will propose would also define any attempt to influence the mayor's executive orders or Community Board actions as lobbying. The current definitions are "too vague," Kenneth Fisher, counsel for the New York Advocacy Association, said.

Lobbying on a Shoestring

The commission also will recommend raising amount a group must spend to have their activity considered lobbying from $2,000 to $5,000. Any organization whose efforts to influence laws or rules cost more than that amount would be subject to the reporting and disclosure laws.

"There are a lot of organizations, particularly small non-profits and small business, that engage in activity that falls within the definition of lobbying," Fisher said. "But they don't really use a third-party lobbyist – it's usually their own staff members." Filing disclosure forms constitutes "a huge paperwork burden for these people," he added.

Fisher's group, which testified before the commission in March, advocated raising the threshold to $25,000. "We would have gone higher, but any improvement in that area would be OK," Fisher said.

Information In, Information Out

Common Cause, a government watchdog group that also testified before the commission, discouraged raising the financial threshold. They took the position that the technology groups must use to file that creates the burden, not the disclosure itself. If the city improved that technology, Common Cause maintained, it would not be a problem for smaller organizations to disclose their lobbying.

Advocates of reform agree that the current reporting process is onerous, lengthy and frustrating. Not only is it difficult and time-consuming for organizations to report their efforts, it is difficult for citizens and reporters looking to access the information on the city's database.

"No matter how much disclosure is required and written into the law, if you don’t have a database that works, it's not going to mean a heck of a lot," Camarda said.

Advocates cite integral problems with the database, They note, for example, that the system does not carry over from previous reports into the new filing and that organizations must manually enter often identical information onto the state and city databases separately.

Berman said the commission does not plan to call for any significant reform or combination of these databases. Instead, he said, to help alleviate some of the problems, the commission plans to recommend more education for lobbyists on how to enter their data.

He noted, though, that there would be some technical improvements -- particularly on the public's side. "We want to enhance the ability for the public to check things out," he said.

Enforcing the Rules

The commission's report will also suggest giving the City Clerk’s office that enforces lobbying rules discretion in setting the fines for those who do not report their lobbying efforts on time. "A lot of people testified that they couldn't file on one date or another, so we're creating a more discretionary [penalty] process," Berman said.

The commission may also create a one-time amnesty program for first-time filers who should have filed in the past. Berman wouldn’t confirm this, but noted it was under consideration.

Citizen Union, whose recommendations to the commission were the lengthiest, also proposed removing enforcement of the lobbying restrictions from the city clerk's because the clerk is appointed by the City Council and therefore has a perceived or actual conflict of interest.

But Berman dismissed such concerns as unfounded and said the commission would not recommend such a change. "I daresay there isn't any city agency that doesn’t [receive] its power from politics," Berman said. "They're doing an outstanding job. We see no reason or sympathy to changing."

Once the report is finalized and then goes to the Mayor and City Council, it will be up to them to put the recommendations into law. "Because it's been a collaborative process, we believe it's something the mayor and the council will act on promptly," Camarda said "We don’t think this is an exercise in creating a report that will go no where, we think this is something that will result in laws." Like its predecessor, this report will also recommend that another Lobbying Commission be formed in a year or so, Berman added. "There will be a lot of issues that will evolve from this year to the next. We think it's helpful to have another ongoing commission," he said.

As Americans find more and more information a computer click away, advocates across the country are pushing governments at all levels to make their data available to the public. Despite recent strides to improve public access to government data, New York City still lags behind other jurisdictions in terms of how much data it makes available, how frequently and in what forms.

The City Council and Bloomberg administration currently are discussing legislation to create a single portal for city government data. Depending upon what emerges form this debate, New Yorkers may soon have much more information at their fingertips.

The Public's Data

As taxpayers, we basically own government information, and at least in theory, most government information is available to the public. Getting access to it, though, can prove difficult.

According to New York state's Committee on Open Government, almost all records of state and city agencies are available upon request. This would include such data sets as payroll records payroll records, geographic data geographic data, public library locations and hours, civilian police complaints and demographic information by community board. Exceptions exist, though. Records can remain confidential when, for example, disclosing the information would violate someone's privacy rights.

While many agencies post requested data and reports online as a matter of policy, some will only disclose in the face of a Freedom of Information Law, or FOIL request. (For more information on how to file requests, see the Committee on Open Government).

The FOIL process can be time consuming. Agencies are required to respond within five days of a written request but may take more time to complete the request under certain circumstances. At times, the person requesting information has to go to court to get the agency to act.

Many city agencies do not have a good track record for releasing data in a timely manner, according to a recent survey by amNewYork. Often they charge for providing paper records, although if the data is available electronically, the agency must provide it in electronic form and in some cases may be required to convert electronic information to a "more desirable format."

The only way to force an agency to comply with a FOIL request is to take legal action -- something beyond the means of many private citizens and small organizations. The New York Civil Liberties Union often seeks city data and has found it difficult to monitor FOIL requests.

"We like to pay pretty close attention to what we're getting and following up when agencies fail to supply information, but there have been instances where we've been unable to keep up with the myriad of delays and woefully late responses," said Donna Lieberman, executive director of the NYCLU. "We've had more luck than some organizations, though, because they know we'll sue them."

Finding the Data

A lot of data, though, is available without going through the FOIL process. One place to look is the city's website, nyc.gov. Some agencies provide data and information in a consolidated place on their websites, though some scatter information in different locations. The Metropolitan Transportation Authority, for example, has created a single data pagefor developers of mobile and web-based applications that gives access to information and allows users to sign up for updates.

While opening up government data and technological infrastructure to spur private sector growth is not a new concept (some credit Ronald Reagan with the creation of FourSquare through his release of government GPS technology), New York City has created a number of initiatives that opened up of city data. In October 2009 the city launched a competition called Big Apps that gives prizes to developers of software applications that allow the public to interact with city data either on the web, a desktop computer or a mobile handheld device. To help in creating the applications, the administration launched the website DataMine, which includes nearly 400 datasets from city agencies including both raw and geographic data.

The Department of Information Technology and Telecommunications, also known as DoITT – or Do It, coordinates the site, though individual agencies determine the amount and frequency of data released, and participation varies. The Department of Park and Recreation has 28 files of raw data on the site, ranging from calendars of events to directories of barbequing areas and playgrounds. The Department of Transportation contributed 16 data files and the Department of Finance 15 files. The Department of Education, certainly of great interest to many New Yorkers, contributed four data sets: job titles, the 2009 and 2010 school surveys, and school point locations. The police department, which has come under fire for not releasing data, did not participate in the program.

Not all data is updated frequently on DataMine, however, as there is no citywide policy on release of data through a central website.

Other city data, such as 311 information, is available elsewhere online. Local Law 47 of 2005 requires 311 to provide monthly reports to the City Council, the public advocate, community boards and the public. NYCStat, a website of the Mayors Office of Operations, has information regarding agency performance, 311 reports, the city's use of federal stimulus funds and more.

Apps for the Apple

The MTA's release of data and the Big Apps competition have resulted in a number of applications or "apps" for mobile devices and on the internet to help the public interact with city data. The city has official applications, including an app to use iPhones to submit 311 complaints.

Private developers have used government data and information to create other applications. ExitStrategy, which costs $4.99, helps the user find the exit locations at subway stations, while cultureNOW, a free app, allows users to learn more about art pieces in lower Manhattan while standing in front of them, part of "museums without walls" movement.

Government data also helps organizations and individuals keep a watch on government. This is why, for example, the NYCLU filed a number of lawsuits against the New York Police Department to get statistics on stop and frisks. The group found the city's policy on issuing this information inconsistent.

"The stop and frisk data is emblematic," said Lieberman. "On the one hand, the police department was giving access to the electronic database to the RAND Corp. and academic institutions, but was withholding it from the NYCLU. The power of the data was clearly what was motivating the department to make it selectively unavailable."

Advocates and parents also eagerly seek out education data, ranging from data on English language learners to information on graduation rates and failing schools.

A National Movement

New York, though, does not have an overall policy for releasing such information, even though the Bloomberg administration prides itself on being data driven. "All you get is what agencies choose to give you, and not in a timely manner. It makes for lopsided information and flawed public policy," Lieberman said. "For a democracy to thrive, the people have to have information about what our government is doing and the facts with which to hold our leaders accountable ... Without transparency and information, the public can't hold politicians accountable."

Governments across the country are working to develop websites and policies for open data. In 2009, the federal government established data.gov and set a framework for agencies to supply data to the website. Today, the site has 389,829 raw and geospatial datasets, and has spurred the creation of 1,063 government apps and 263 privately developed apps. The most popular dataset on the site is data on earthquakes worldwide, which is updated every seven days.

Data.gov also lists state and local open data sites within the U.S. as well as international sites from other countries. According to the site, there are 29 states and 11 cities that have developed websites devoted to open data. DataMine is included on the list.

At a local level, a number of other major cities have adopted comprehensive data policies. Baltimore and San Francisco have adopted open data policies through executive action, while in Portland the legislature required the release of data by city agencies. The policies generally contain specific deadlines and targets for the release of data, as well as standards for the data itself.

Opening Up New York

In New York, earlier this year, the Mayor's Office of Media and Entertainment released its Roadmap for the Digital City, which "outlines a path to build on New York City's successes and establish it as the world's top-ranked digital city, based on indices of internet access, open government, citizen engagement, and digital industry growth."

While much of the city's past work on open data has focused on developers, the Roadmap for the Digital City looks at the general public. As part of the plan, the city will overhaul its website, nyc.gov, and create an "NYC Platform" for data. While the details have not all been released, DoITT says it will "unveil data visualization tools" to allow the members of the public to create their own charts and tables of city government data.

The City Council also has been engaged in the debate over how to open up city data. In 2009, Councilmember Gale Brewer first introduced open data legislation, now Intro 29 of 2010, which would require the city to provide all public data produced or retained by the city in a centralized online repository. Under the bill, the city also would have to create an open data policy, publish data in formats that allow for automated processing – putting it in Excel, say, instead of a PDF -- and require deadlines for release of data.

Councilmember Dan Garodnick is sponsoring legislation that would require DoITT to publish a listing of city-owned datasets, known as the public data directory (something that the Commission on Public Information and Communication, a defunct agency, is required to do under the City Charter).

Brewer notes that many see the Big Apps competition as focusing on gimmicks, such as finding parking spaces and restaurants. "The Big Apps competition is great for a certain group of people, but there are other New Yorkers who want help with their daily lives, like finding affordable apartments and places to take their kids after school," she said.

She believes that opening up more city databases as proposed in her bill will allow researchers and private social service agencies to use the data to deliver services and address basic needs. "Knowledge of government is so low that people will be shocked and pleasantly surprised by the data -- things will come out that no one could imagine," said Brewer.

Behind the scenes, other groups have urged City Council and the Bloomberg administration to develop an open data policy and announce public targets and tracking of data releases. Civic groups and technology experts advocating for more open government, recently joined together to form the NYC Transparency Working Group. Citizens Union, the sister organization to Gotham Gazette, is a member, along with groups such as the NYCLU, New York Public Interest Research Group, Reinvent Albany and Open Plans. They seek simple advances such as making information posted on city websites downloadable in usable formats like CSV and have been involved in discussions with the City Council and city agencies regarding Intro 29.

Negotiation around the legislation may continue through the summer and early fall before an agreement is reached, with much of the conversation concerning how much data to release and how fast. One concern is making sure that city agencies see the value of making data public and do not feel threatened by its release. "We need to make sure agencies are comfortable doing this -- they are one important audience," said Brewer. "When the world doesn't collapse, more agencies will be comfortable releasing data."

Rachael Fauss is research and policy manager for Citizens Union Foundation, which publishes Gotham Gazette.

The campaign season never ends in New York. State legislators face the voters every two years. While city officials, including City Council members, serve for four-year terms. And they all constantly jockey for position. Meanwhile, unexpected vacancies can set off a special election at almost any time.

To help you keep track of all this, the Gotham Gazette staff has devised "Who's Running For What." This service lets you search for a candidate by name or office to find out who holds the seat now and who might be seeking it later. Launched in March 2008, "Who's Running for What" is constantly updated to give you the most current picture of who will be running in city elections and to represent the city in Albany.

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As campaigns evolve, we change the candidates' statuses to reflect the latest developments. And we provide information on voting records, campaign fund-raising, how to contact candidates and more. It's all designed to provide New Yorkers with a one-stop election resource.

If we've missed any candidate out there, please let us know. Send any information or tips to info at gothamgazette dot com.

Classification

In describing a candidate's status, we use a number of terms. Some (won general election, say) are self-explanatory. Here, though, are definitions for some others:

• "Declared" candidates have formally announced their intention to run.

• "Did not file" refers to candidates thought to be in the race who, for whatever reason, did not file nominating petitions and will not be on the ballot.

• "Disqualified candidates" were generally knocked off the ballot for not meeting the requirements of New York's election laws, such as not having enough signatures on their nominating petitions.

• "Dropped Out" candidates have left the race they initially declared for.

• "Exploring" candidates have indicated publicly that they are considering a run.

• "Presumed" candidates are eligible to seek re-election and have given no indication that they will not seek another term. But they have not yet formally declared their intentions.

• "Rumored" candidates have been mentioned in the press as possible candidates, but they have not personally expressed interest.

• "Rumored dropping out" candidates have suggested they may leave the race, but have not announced their plans

• "Undecided" candidates have informed reporters that they have not yet made a decision.

Photo by Mark Chang

Anthony Weiner campaigns for re-election in 2007. Now party leaders largely control who will take his place.

(Update: On Friday, the Republican Party selected Bob Turner as its nominee for the Queens/Brooklyn congressional set left vacant by the resignation of Anthony Weiner.)

In the age of the endless campaign and the political marathon, Gov. Andrew Cuomo has come up with a kind of electoral lightening round.

On July 1, Cuomo announced that special elections to fill six empty Assembly seats -- four of them from the city -- as well as the Brooklyn/Queens seat in the House of Representatives left empty in the wake of the Anthony Weiner "sexting" scandal would take place Sept. 13.

While that may seem far away -- on the downside of a summer that has only begun -- it set off a rapid scramble. Nominating documents for party sanctioned candidates are due Monday -- 10 days after Cuomo issued his proclamations. Candidates running without the imprimatur of their party will have to amass signatures, vet and file them -- all no later than midnight of July 13.

These would represent tight deadlines any time of the year -- let alone in July and during a period that encompassed a three-day weekend. How can rank and file party members, let along ordinary voters, influence the process?

The answer is, to a great extent, they can't. And that may very well be the point.

Candidates Without Primaries

Under New York State law, special elections take an end run around primaries, putting the choice of party nominees entirely in the hands of the party leadership. On the day of the special election, voter select among the nominees of any parties -- including smaller ones, such as the Working Families or Conservative parties -- that choose to place a candidate on the ballot. But in a state where many districts feature wildly lopsided party registrations, that comes down to little or no choice at all.

As a result turnout can be light to virtually nonexistent.

To take an extreme case, in a June 2009 special election to fill an Assembly vacancy in the Bronx, only 2.3 percent of voters turned out, according to a recent analysis by Citizens Union. Democrat Marcos Crespo won 1,457 votes to defeat Republican Leopold Paul, who got a mere 106 votes.

Statewide, the turnout in special legislative elections between 2007 and this June was only 12.3 percent. For the city alone, the number was lower -- just under 10 percent.

Under state law, Cuomo did not have to call a special election -- at least for the Assembly seats, according to the report by Citizens Union, which publishes Gotham Gazette. If he had not there been a primary for those positions on Sept. 13 -- which is primary day -- followed by a general election in November.

Good government groups criticized Cuomo's decision to take the special election route instead. "We strongly disagree with this decision, which we believe will result in lower voter turnout, increased confusion at the polls and potentially higher costs to localities,' the statement said. It went on to assail the special elections for empowering "the interests of party leaders, rather than presenting voters with a real choice of candidates at the polls."

Some editorial pages agreed. "Party leaders will now get to choose the candidates to run. That is not the way a democracy is supposed to work. Unfortunately, it’s the way things are done in New York,'" the Times wrote.

The Road to Incumbency

While the special elections will technically fill the affected seats only until the 2012 elections, the decision made in party backrooms over the past weeks are likely to have long-lasting effects -- at least on the Assembly districts.

A special elections give its winner the mark of incumbency -- an advantage whose effect in Assembly and State Senate races in New York can hardly be overestimated. The Citizens Union study found 26 percent of legislators in office on January 2011 had initially been chosen in special elections. In the State Assembly, 31 percent got to Albany this way.

Following Weiner

The congressional contest stands out as an exception to that pattern. While the contest to fill Weiner's seat in Brooklyn and Queens is the marquee race for Sept. 13 whoever gets the prize will likely have to find a new job in January 2013. With New York set to lose two congressional seats in the current redistricting, Weiner's fall left his Ninth District ripe for elimination.

Despite that a number of well and not so well-known Democrats vied to get the nomination, which essentially lay in the hands of one man: Queens Party Democratic Chair Joseph Crowley. (Seventy percent of the district is in Queens, giving Crowley a lot more clout here than his Brooklyn counterpart Vito Lopez.) The list included at various times the eventual winner, Assemblymember David Weprin; his fellow Assemblymember Rory Lancman; Melinda Katz, like Weprin a former City Council member who ran unsuccessfully for city comptroller in 2009; Eric Gioia, another onetime member of the council who does not live in the district; current City Councilmember Elizabeth Crowley, who's Joseph's cousin; and two faces from the past -- former Queens Borough President Claire Schulman and former U.S. Rep. Elizabeth Holtzman, a rising star of the Democratic Party in the 1970s who has been out of public office since 1994.

Weprin served on the City Council and chaired the powerful Finance Committee until he left to make an unsuccessful run for city comptroller in 2009, coming in fourth in a field of four. He then moved to the State Assembly, replacing his brother, Mark, who had been elected to David's old council seat.

Weprin reportedly has said he would not try to run for a full congressional term next year. That was key to his getting the nomination, many believe, since if the district is eliminated, its representative would have had to take on another Queens incumbent -- possibly Joseph Crowley -- to remain in Washington after January 2013. A turn in the House, though, could lead the way to Weprin's making another bid for city office -- comptroller, perhaps.

Republicans believe they have a shot, however remote, at this district, given voter dissatisfaction over either Weiner's conduct or the Democratic Party's role in pushing him to resign -- or a combination of both. The district is said to be the second most Republican one in the city -- the 13th in Staten Island and Brooklyn has the most GOP members. Democrats, though, still outnumber Republicans by 130,000, and Democrats have held the seat since the 1920s.

The daunting odds have not stopped the GOP from having a spirited internecine fight. After City Councilmember Eric Ulrich announced he would not run, the race seems to come down to Bob Turner, who challenged Weiner and got 42 percent of the vote in 2010, and Juan Reyes a partner in the Manhattan law firm Reed Smith, who has ties to former Mayor Rudolph Giuliani.

Reyes appeals to some in the GOP because of his purported fundraising ability and potential to appeal to Hispanic and Italian voters. With both candidates hanging tough, reports surfaced that the Conservative nod would go to Turner, with Reyes running on the GOP line.

Last night, the Socialist Workers Party announced it would mount a petitioning drive to place its candidate, Christopher Hoeppner, on the ballot.

The split between the Republicans and Conservatives, though, could strengthen the Democrats' position on Sept. 13. If Weprin does win, there could be yet another special election -- this time to fill his Assembly seat. That post has been held by one member of the Weprin family or another since 1971.

Battle in Buskwick

Meanwhile four Assembly seats already stand vacant in New York City: two in Queens and one each in Brooklyn and Manhattan. In three of them the Democrats seem to have made their choice, leaving that candidate a heavy favorite to go to Albany.

"It’s business as usual with the special election process," said Rachael Fauss, Citizens Union's policy and research manager. "Very few people select who will be on the ballot."

The most hotly contested is in Brooklyn's 54th District, represented until recently by Darryl Towns, who left the legislature for the Cuomo administration. The competition for the Democratic nod began as a fight between candidates representing two rival factions: Rafael Espinal, an aide to Councilmember Erik Dilan who is seen as the choice of Vito Lopez's Brooklyn Democratic organization, and Deirdra Towns, Darryl's sister and the daughter of longtime U.S. Rep Edolphus Towns.

In June, though, Jesus Gonzalez, a community organizer with the immigrant advocacy group Make the Road NY, announced his run. He picked up support from a number of anti-Lopez Brooklyn Democrats, such as Rep Nydia Velazquez, and City Councilmember Diana Reyna.

On Tuesday, the Working Families Party announced its support of Gonzalez, meaning he can get on the ballot and give the Democratic candidate competition without having to collect signatures. This is the only special election race where the party plans to field its own candidate rather than cross endorsing a Democrat.

"That is the race we are most deeply involved in and committed to," a party spokesperson said.

Given Lopez' considerable clout, most see Espinal as likely to win out over Towns. She then would have to decide whether to try to petition her way on the ballot. According to The Brooklyn Politics, that would be no easy task: She would have to garner 641 signatures from district residents by July 13.

Towns seems to be staying in though. On her Facebook page Wednesday she continued to seek campaign contributions.

Party Picks

In the other three districts, the Democratic Party's choice seems clear.

As expected Michael Simanowitz, longtime chief of staff to former Assemblymember Nettie Mayersohn, got the Democrats' backing to succeed his former boss as the representative from the 27th district in Queens. Mayersohn retired to spend more time with her family, less than six month after running for -- and winning - re-election.

So far, there seems to be no Republican candidate.

Another chief of staff did not fare as well as Simanowitz. JoAnn Shapiro reportedly wanted to replace her old boss -- Audrey Pheffer, who left the Assembly to become Queens County Clerk -- and, Liz Benjamin has reported, Pheffer had indicated she would support her. Last month, though, Shapiro said she would not run.

Earlier this week, the Democrats picked Philip Goldfeder, an aide to Sen. Charles Schumer and former aide to Mayor Michael Bloomberg, as their nominee for the Assembly seat from the 23rd District.

GOP District Leader Jane Deacy has been considered the likely choice for her party's nomination, but so far nothing official has been announced.

In the fourth race -- in the 73rd district on Manhattan's East Side -- Daniel Quart quickly emerged as the favorite to replace Jonathan Bing, who has also joined the Cuomo administration. Quart, a lawyer, community board member and unsuccessful City Council candidate, has had support from Rep. Carolyn Maloney and other key Democrats.

Photo courtesy of the U.S. Arm

Military and overseas voters across the country got a break in 2009 when the federal government eased the process for them to receive ballots and required that the ballots be sent 45 days in advance of the election. The good news for overseas voters, though, is creating a headache for New York election officials.

With New York holding its primary elections in September, there currently is not enough time for military and overseas voters to get their ballots before the general election under the requirements of the Military and Overseas Voters Empowerment Act. The state needed a waiver in 2010 to comply with the new law, and it is uncertain whether the federal government will grant it another one for 2012. The state is now weighing its options and may have to move the primary date. The question, then, is what the new date will be, and whether it will benefit voters, election officials or legislators.

Requirements of the MOVE Act

The MOVE Act of 2009 was an amendment to the Uniformed and Overseas Citizens Absentee Voting Act, a 1986 law that requires states to allow military and overseas voters to register and vote absentee in elections for federal offices. As part of that, the MOVE Act required that ballots be transmitted to military and overseas no later than 45 days before an election for a federal office. The act also mandates that state officials allow military and overseas voters to request and receive voter registration and absentee ballot applications via fax and email.

While New York has complied with some portions of the law, such as letting voters request ballots electronically and setting up a new, voter-friendly website, it still has not met the 45-day requirement. The current September primary date is too close to the November general election for ballots to be mailed 45 days in advance of the vote.

New York state did not change the date of the primary last year and instead applied for and received a waiver from the U.S. Department of Defense on the grounds that its effort to comply with another federal law related to elections – the Help America Vote Act, which required the transition to new voting machines -- would have made it too difficult to comply with MOVE as well. The waiver allowed the state to send military and overseas ballots by Oct. 1, 2010, but more than 43,000 ballots , including those from New York City, were not sent by this deadline. The U.S. Department of Justice filed a lawsuit in response. That, in turn, was resolved by a consent decree allowing ballots from overseas and military voters to be received and counted up to Nov. 24, 2010.

The Federal Voting Assistance Program, which administers the uniformed and overseas voting laws for the Defense Department, has been in discussions with New York regarding compliance for 2012. "FVAP staff has met with New York officials and urged them to make changes necessary to ensure ballots are provided 45 days prior to an election," said Bob Carey, the program's director. He added that New York has the right to apply for an additional waiver, but "the waiver granted to New York in 2010 does not guarantee future waivers, and the state's comprehensive plan to cure the hardship that was part of that request is not necessarily grounds for a waiver in future elections. "

Lawmakers in New York do not think Washington will approve another waiver. "It's not likely for New York to get another waiver, since we got one last year,” said Assemblymember Joan Millman, a Brooklyn Democrat and former chair of the State Assembly's Election Law Committee. She noted that the failure of 13 boards of election throughout the state to get the ballots out by the Justice Department's Oct. 1 deadline last year may hinder prospects for a waiver for 2012.

Carey gives New York credit for changing the law regarding special elections this year, however. "It is notable that the New York legislature was able to adopt legislation proposed by the governor very quickly, which allowed the special election in the 26th Congressional District to be conducted on a schedule that allowed for transmitting ballots in a timely manner," he said.

June's Allure

To comply with federal law, the state must adjust its election calendar for federal elections, including those for the U.S. Senate and House of Representatives. Since it seems preferable to hold all elections at the same time, state elections will likely come along with the congressional balloting. If New York instead decides to split the voting, that would mean as many as three separate primary elections, since the presidential primary, which was held in February in 2008, will take place on the fourth Tuesday in April next year.

An earlier primary would allow more time both for boards of election to comply with the new deadline, and for military and overseas voters to send back their ballots. Likely for that reason, election officials have come out in support of a June primary. The Election Commissioners Association, an organization representing county election commissioners in New York, supports a primary on the fourth Tuesday of June, on the grounds that, since July and August are traditional vacation months, June make more sense. A June election also would allow voting to take place before schools close, avoiding having to reopen them just for the election. Finding enough poll workers could also be an issue later in the summer, given that there has historically been a shortage of poll workers even in September and November.

J.C. Polanco, commissioner and president of the city Board of Elections, supports the June date. "We recommended it to the legislature for the year of 2011. All of the county boards of election overwhelmingly supported moving the primary date to the last Tuesday in June,” said Polanco. He indicated that if the state legislature fails to act, the federal government might step in and change the date, something state legislators would not want to see happen.

Some advocacy groups supported a June primary in the 1970s. At that time, primary dates changed often depending on political winds. Concerned about the date being moved around, the League of Women Voters of New York State affirmed its support for a "single, permanent June primary" in 1978 and still supports a June primary. The state ultimately settled on a September primary.

June's appeal does not resound with everyone, particularly not with legislators who worry about an election falling when the legislature is still in session. "Most of my colleagues aren't happy about the June date," said Millman. "We're in session. If you have a competitor in the district and you're in Albany doing your job, you can't be present, and if you're in the district, you're not doing your job, so you can't win either way."

Millman noted, though, that the legislative calendar could be changed, much in the way the U.S. Congress goes into recess to accommodate elections.

Taking Action

Regardless of the date, good government groups stress that the state needs to comply with the federal law and provide a solution for military and overseas voters. "It is important that New York state goes the extra mile in protecting the vote of our service men and women,” said Bill Mahoney, research coordinator for the New York Public Interest Research Group.

Given New York's track record in implementing federal requirements regarding elections, the lack of action is no surprise. "New York was the last state in the union to comply with the Help America Vote Act of 2002," said Mahoney. "The Board of Elections and legislature were so slow in finalizing plans for updating our voting systems that we were sued by the federal Department of Justice."

Amid the flurry of the legislative session last week, there were some moves to address the overseas voting situation. Separate proposals were introduced into each house of the legislature, likely representing their current positions as the issue is negotiated. In the Assembly, Assemblymember Michael Cusick, the new chair of the Assembly's Election Law Committee, introduced a bill to hold state and congressional primaries on the fourth Tuesday in June. The Senate's proposal, put forth by Sen. Thomas O'Mara, the Election Committee chair, would put the primary at the fourth Tuesday in August.

It is expected that debate will continue into the summer and possibly fall, to be resolved at a special legislative session.

Voter Turnout

One of the main concerns about an August primary is that turnout will be low. In 2010, 14 states, including New Jersey and California, held June primaries. Another 14 states, Connecticut and Florida among them, had August primaries. Just two states had primaries in July – Georgia and Oklahoma. (For a full list of states primary dates, go here).

It appears that no comprehensive study has been done regarding turnout in summer primaries. This may be due to the idiosyncratic nature of primaries, in which any number of factors may drive turnout, including the level of competition and whether the state has an open or closed primary system.

An informal survey of states similar to New York does not provide any evidence that turnout is worse in August, though it does highlight that turnout is a problem in general. In 2010, in primary elections for governor in August, Connecticut saw 24 percent of voters turn out, and Florida saw 25 percent come to the polls. Pennsylvania’s May primaries for governor also had a turnout of 25 percent of voters last year. In New York, where voter turnout consistently has been among the lowest in the country, just 16.5 percent of Republican voters turned out for the September primary for the governor in spite of a hotly contested race, calling into question winner Carl Paladino's claims that there was a "people’s revolution." Texas’s March primary for governor saw a similar low turnout of 16.6 percent.

Following Connecticut’s low turnout, there were calls to move the date from August to June. The secretary of state, who runs elections there, supported the idea. Regardless of the date, though, it seems public education may be necessary to ensure that more voters turn out, particularly if the date changes.

Redistricting and the 2012 Primary

Complicating the picture at this point is New York's redistricting process. District lines must be drawn in advance of the 2012 election, and efforts to create an independent redistricting commission are still afoot. No matter who draws the lines, district borders need to be in place before candidates gather petitions to get on the ballot. Petitioning for a September primary starts in June, so a June primary would probably mean petitioning would begin in April.

In addition, New York's lines require approval of the Justice Department under the Voting Rights Act, so extra time needs to be built in for that. Lawsuits from outside groups also occur every redistricting cycle and could further extend the approval process. There already is a lawsuit underway challenging a law enacted last year on the counting of prisoners for redistricting. If New York does not change its election calendar to comply with the MOVE Act, you can add one more lawsuit to the pile, with the voters waiting for resolution.

Rachael Fauss is research and policy manager for Citizens Union Foundation, which publishes Gotham Gazette. Ilana Novick and Hannah Ryu provided research assistance for this article.

Nearly four days past the scheduled end of legislative session, about seven or eight hours into a Senate Republican conference late Friday afternoon, the language of the "Big Ugly" began to appear in print -- the "Big Ugly" being the package of rent laws, property tax cap and mandate relief legislation that was patched together in last-minute negotiations. The catchall bill was one of the last things the Senate considered before its historic vote on same sex marriage. Most people were not paying much attention.

As America waited for the vote on marriage equality, legislators voted on the "Big Ugly." The final language arrived in the late afternoon; the Senate Democratic conference met at 4 p.m., and the vote on the bill took place in the late evening. While some details about the basics of the proposal had leaked earlier in the week, some of the language remained unclear just hours before the vote. The bill passed with only five dissenting vote.

In the chaos, confusion and eventual jubilation of the long grind that was Friday and the days before, observers may have missed a number of important pieces of legislation, including the "Big Ugly." The importance of the vote on same sex marriage -- and the joy and the outrage that followed -- eclipsed the other bills. But much of this other legislation will certainly be pivotal to the future of New York state and New York City.

Here is a rundown of some of the other things the legislature did on Friday.

Rent Law Renewal

As the language of the Big Ugly became available, city Democrats concerned with the rent law quickly realized that Gov. Andrew Cuomo and Assembly Speaker Sheldon Silver had not negotiated the kind of deal they were hoping for. When details were made available earlier in the week, legislators like Sen. Adriano Espaillat made it clear that they hoped Cuomo would keep negotiating for tighter regulations and for a system to insure that landlords really make the improvements to apartments they say they do. This is important since making improvements can allow the landlord to remove the apartment from rent regulation.

The deal revealed Friday was basically the same as the measure disclosed earlier in the week, minus some implied checks on landlord improvements. There were those who thought that represented a victory of sort for tenant advocates.

"The laws were extended without any weakening amendments for the first time in 18 years, and with minor changes favoring renters, amid what can only be described as a hostile political climate for tenants. Those who have been active in the fight for stronger rent laws should be proud of their efforts," said the Metropolitan Council on Housing in a statement.

Michael McKee of Tenants PAC was not particularly proud of what his lobbying efforts had wrought. He told Democratic legislators that, if they voted no, his group would defend them against any attacks by Cuomo or others who might criticize them for voting against a bill that included the renewal of housing laws.

Espaillat voted no based on his concerns about rent, explaining he felt the measure "leaves too much to be desired." Sen. Liz Krueger, who voted for the bill, said she viewed it as a "down payment" from Cuomo on future improvements to the rent laws. Sen. Ruben Diaz, who voted no, said that he felt the rent language "protects the rich."

When signed into law, the bill will increase the rent threshold at which landlords can deregulate vacant apartments from $2,000 to $2,500. The law also raises the limit at which landlords can deregulate apartments because of the income of the tenant. Residents will now have to have an annual income exceeding $200,000 a year for two years, up from the current $175,000.

Individual Apartment Improvement rent increases, which allow landlords to increase rents during a vacancy by making cosmetic upgrades to the apartment, remained basically the same. Advocates wanted to see a cap on how high the rent could be raised through this process, but that did not happen.

Developers scored a major victory with the extension of the 421-a tax credit. The credit was intended to give breaks to developers who include affordable apartments in their projects, but it was extended for stalled projects that do not include more moderately priced apartments.

While objecting to some other parts of the bill, Steve Spinola of the Real Estate Board of New York expressed satisfaction with the action on 421-a. "We are obviously pleased with that," he told Crain's. "It is critical to get building going again."

The bill contains language instructing the state Homes and Community Renewal Agency to oversee the changes in the law, but it isn't clear how active the agency will be in enforcing the rules and checking on improvements made by landlords.

The Metropolitan Council noted in its release that Cuomo refused during the year to explain his stance on rent, saying only that he wanted "stronger" laws. Apparently, the statement continues, he made such vague statements to "set the bar low."

The Power of Money

So why was it so hard for Silver -- the second most powerful man in Albany -- and Cuomo -- who is being hailed after his same-sex marriage victory as the most effective governor in America and a frontrunner for the 2016 presidential nomination -- to deliver stronger protections for tenants?

There are, of course, arguments against rent control, that it stifles the development of housing and interferes too much in the marketplace.

But campaign contributions may have something to do with it as well. According to a study by Common Cause/NY, New York City, real estate interests donated almost $10 million to local and statewide races in 2009-2010 -- a sum nearly double what was spent by the real estate industry from 2007-2008. Fifty-two percent ($5,114,665) of that cash went to Democrats, while 24 percent ($2,351,924) went to Republicans. The remaining 24 percent was spread throughout third parties and ther groups, with the largest amount -- more than 9 percent -- going to the Independence Party.

Over $2 million of that money went to both Democrats and Republicans in the New York Senate, with Republicans taking 52 percent ($1,265,925.) That distribution may surprise many, as real estate cash has been considered the factor that has kept Republicans in charge of the Senate.

The distribution of real estate cash in the 2010 gubernatorial contest was much more lopsidedly weighted. Democratic candidates received $1,717,220.21 in donations, with 24 percent going to former Gov. David Paterson. Cuomo received 74 percent ($1,282,803.54) of all real estate cash in the gubernatorial race. Republican gubernatorial candidates got a measly .01 percent ($250).

For some in the city, the negotiations underscored what they see as a need to let the city government -- and not the state -- regulate rents in the five boroughs. Calling the final bill "fairly weak," City Councilmember Jumaane Williams said in a statement. "The horse-trading and backroom deals that occurred at the expense of New York's tenant population is further evidence why home rule needs to be returned to the City Council. I hope New York can count on Gov. Cuomo to step up and keep his new stated commitment to affordable housing."

Tuition Increases

Before the vote on the Big Ugly, the Senate took up the 2020 Plan for the City University and the State University of New York. Under the legislation, CUNY is allowed to increase its tuition by $300 a year for five years. The law also includes tuition assistance for students.

Barbara Bowen of the Professional Staff Congress, which represents CUNY professionals, was not pleased with the tuition increase. "Five years of tuition increases is not the way to protect opportunity for CUNY students, nor is it the way to ensure long-term public investment in public higher education. Tuition increases are a tax in disguise -- a tax that disproportionately hurts the poor," she said in a statement.

However she did praise the bill for taking "an important step toward protecting the lowest-income students from the sting of the proposed increases by providing credits for tuition" and for ruling out "differential tuition," which would have allowed some state schools to charge more than others.

CUNY Chancellor Michael Goldstein praised the plan.

The measure also would allow certain SUNY schools to apply to the state for $140 million in grant money each year.

Hail Livery Cabs

The last vote before same-sex marriage came on the livery cab bill backed by Mayor Michael Bloomberg. The bill, which had already passed in the Assembly, would create a class of livery cabs that could be hailed on the street outside of Manhattan. The city could issue up to 30,000 licenses at $1,500 apiece, for the new cabs, which would feature amenities similar to yellow cabs but have a different outward appearance. The law would not go into effect until next year.

Bloomberg, facing opposition to the idea from the City Council took the issue to Albany instead. There the well-financed yellow cab owners, upset about additional competition and fearing their medallions -- or licenses -- would diminish in value, steadfastly opposed the bill.

A fleet of yellow cabs surrounded the Capitol to lobby against the bill. But a well-organized group of livery cab drivers spent the week lobbying legislators, too.

Republican Sen. Martin Golden sponsored the bill in the senate. Golden had been coy all week about whether and when the bill would come to the floor --- telling the Gazette only "it is still fluid." But with the vote scheduled, a number of lawmakers spoke for and against the bill. Sens. Diaz, Jeffrey Klein, Velmanette Montgomery and Martin Dilan all praised livery drivers and voted for the bill. Montgomery said that the livery cab industry had helped in the expansion of Brooklyn and allowed it to overcome its stigma as a dangerous place. A number of legislators noted that livery drivers had been killed in the line of duty, traveling to outer boroughs. Sen. Toby Ann Stavisky opposed the measure "reluctantly," she said, because she thought it was a matter for the City Council.

The bill passed 40 to 21. Cuomo has yet to say publicly whether he supports it, and many staffers say he is not particularly fond of the bill. If he does sign the bill into law, it is expected that the measure will face legal challenges.

Left Undone

One major issue that the Senate chose to ignore was independent redistricting. During the 2010 election season, former Mayor Ed Koch and his NY Uprising group won pledges from a majority of legislators on both sides of the aisle to support independent redistricting.

When it came time to act, though, Senate Republicans balked. They claimed the redistricting bill supported by Cuomo was unconstitutional and that the only way to change the system would be through a constitutional amendment that would take years to implement.

Redistricting only takes place once every 10 years -- after each census. As a result the Republican's stance would halt any chance for independent redistricting until after the 2020 census. It would keep the drawing of districts in the hands of a committee of legislators from the majorities in both houses, called LATFOR.

Cuomo has publicly promised to veto any district lines drawn under the old rules. The courts would then likely get to draw the lines. Experts believe that because of current demographics independent judges or commissions would draw lines to reflect the greater Democratic population in New York State -- thereby making it difficult for Republicans to maintain a majority in the Senate.

Cuomo has pledged to support Republican candidates who supported same-sex marriage legislation. And many observers wonder if a Republican senate would benefit Cuomo because of his conservative fiscal tendencies and because of the way the legislature functioned when Democrats controlled both houses of the legislature from 2008-2010.

They'll Be Back

Despite all their last minute accomplishments on Friday, the Senate still has work to do. It failed to act on a health insurance exchange bill that is required under the federal health insurance law. The Republican Senate reportedly balked at the Assembly's version of the bill because they found it "too liberal." If they do not return to pass legislation shortly New York could miss federal deadlines for up to $100 million in funding to support the creation of the exchange.

It is expected that the Senate could return in a few weeks to take up this and other unfinished business.