NEW YORK — A case brought before the U.S. Supreme Court by a small Alabama county could reshape future election law in New York City, and strip minority groups of federal protections against voter discrimination.

The case, Shelby County v. Holder, involves the landmark Voting Rights Act of 1965 — in particular Section 5, which was created to reverse systemic discrimination against blacks by requiring that all changes to voting laws be reviewed by the Department of Justice. The country’s highest court heard oral arguments in the case last week, and some observers believe Section 5 could be struck down by a majority of the justices in the months ahead.

In addition to a number of Southern states including Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Texas, the law also applies to three New York City counties: Manhattan, Brooklyn and the Bronx. As a result, most of the city’s election-related legislation is more or less guided by the Voting Rights Act.

Some of the law's defenders argue that the city's diversity — where its 8.2 million residents speak a myriad of languages and have varying levels of education — makes the statute all the more necessary and relevant.

“If the U.S. Supreme Court were to overturn it, the residents of these communities could be subject to discriminatory voting practices, such as race-based gerrymandering, without the protection of Department of Justice or federal court preclearance,” wrote Democratic U.S. Rep. Hakeem Jeffries, who represents a congressional district protected under the Voting Rights Act, in an e-mail Tuesday. “That outcome is unacceptable.”

While this year's local races are unlikely to be affected by where the Supreme Court lands on the case, the striking of Section 5 would dramatically alter how city officials handle elections in future years. Whereas the provision in question attempts to guarantee fair redistricting and ballot access for minorities, voters would have to rely on lawsuits and lawmakers to ensure the same without federal guidelines.

New York's Mayor Michael Bloomberg and City Council Speaker Christine Quinn aren't ready to get rid of those federal guidelines.

On this year’s Martin Luther King, Jr., Day, Bloomberg and Quinn filed an amicus brief filed in support of Section 5. They wrote that the city has obtained preclearance from the U.S. Department of Justice more than 2,000 times over the last 41 years since the three New York City counties became subject to Voting Rights Act.

"This King Day, we are reminded that all too often there are a handful of those who would rather ignore these rights by re-installing barriers, often on the basis of race, economics or political affiliation,” they wrote in the amicus brief. “We can’t allow the voting rights of our citizens to be eroded by such ignorance.”

The brief cites approved changes to voting practices including both the changing of polling sites for certain communities and the inclusion of new languages on election materials. For instance, the city plans to debut long-delayed Bengali ballots in 2013 in order to comply with the Act's language assistance requirement. The Act guarantees that minority groups that have more than 10,000 potential voters with less-than-average literacy levels must be guaranteed ballot access.

It's a far cry from the very case that pushed Manhattan, Brooklyn and the Bronx under Section 5 in the first place. New York was one of many jurisdictions to use literacy tests in the 1960s. It wasn't until the U.S. Congress passed a provision in the Voting Rights Act to protect English-illiterate voters their right to a ballot.

It had a direct effect on the voting power of New York’s Puerto Ricans, who were previously limited by the literacy test. The lack of a test, however, angered a group of registered voters in New York City, who mobilized against the new law by arguing that it violated the Tenth Amendment. In 1966's Katzenbach v. Morgan, the Supreme Court overrode the states' right argument. Instead, the court under Chief Justice Earl Warren defended Congress' ability to protect voting rights beyond what the Court itself may have already recognized.

The Supreme Court under Chief Justice John Roberts faces a similar argument this year — that the federal government's requirement for preclearance is too onerous of a burden for local and state government. Shelby County's arguments have previously failed in the district courts and yet have made it to the country’s highest court, which heard arguments that left some local leaders worried about last week’s hearing of arguments.

While asking questions of the Solicitor General Donald Verrilli last week, Supreme Court Justice Antonin Scalia posited that continued Congressional support for the Voting Rights Act may be a “perpetuation of racial entitlement,” arguing that the federal government may have fallen complacent to such entitlements through the political process.

Voices from around the country immediately decried Scalia’s presumed argument.

“It was insensitive,” said City Councilwoman Letitia James of Brooklyn, in an interview with the Gotham Gazette on Tuesday. “It belies the facts.”

James said that the Voting Rights Act, especially Section 5, is responsible for ensuring fair and easy access to voting as recent as November’s general election. It was the Act, she said, that prevented maneuvering towards what some courts found to be excessive requirements for voter identification and protected language minorities’ right to vote.

Besides ensuring minorities’ access to the polls, James argued that the Act also helps to ensure that minorities are fairly represented in different levels of government by way of redistricting rules.

“It’s critically important that districts be apportioned to ensure minority representation in government,” she said. “Period.”

Minority groups around the city have made the case over the years for better representation in government, including during last year’s Congressional primaries. Residents and political advocates tried to secure a new Latino-majority Congressional district that would have included parts of Manhattan, the Bronx and Queens.

More recently, advocates in Queens argued for the creation of an Asian-majority city council district. The Asian-American Legal Defense and Education Fund was one of many organizations that joined with a coalition of groups to debate the merits of an empowered Asian voting bloc in Queens.

Jerry Vattamala, a staff attorney with AALDEF, said that the Voting Rights Act has been extremely beneficial to people of color — even to those who don’t live in the counties protected by Section 5. Its protection of minority voting rights, he said, were integral to the city electoral venture.

“At every stage of redistricting,” Vattamala said, referring to the process of redrawing district lines after every decennial census. “Section 5 was relevant.”

It even goes beyond maps. The statue was equally relevant in 1994, he added, when a proposed local law was nixed by the federal government after the city failed to provide candidate names in Chinese. And, in 2001, the DOJ found that the city’s Board of Elections didn’t give enough prior notice to the Chinese-speaking community about a poll site’s closure in Manhattan’s Chinatown, forcing it to open doors to voters.

Guidelines, as well as precedent, were formed as a result of incidents like those, Vattamala said, and aren’t limited to Manhattan, Brooklyn or the Bronx. The city has tried to use Section 5, he said, as a preventative measure to discriminatory policy that all five boroughs can benefit from.

Opponents of the Voting Rights Act’s provision against racial discrimination argue that the law is outdated and no longer appropriate in a diverse, modern-day America.

“For the federal government to intervene in state and local elections, there had better be a mighty good reason,” wrote Ben Boychuck of the Manhattan Institute in a column on Feb. 28. “In 1965 the reason was clear: the nine states of the Old Confederacy and parts of seven others had raised unconstitutional legal obstacles against black Americans registering and voting.”

Shelby County’s attorneys argue that certain provisions in the Voting Rights Act of 1965 are not only unnecessary but unconstitutional.

Not everyone agrees.

“Mr. Speaker, in America, certainly we have come a long way, but we still have a long, long way to go,” Rep. Jeffries said on the House floor on Feb. 25, invoking one of the most racially controversial episodes in America’s race relations. “Jim Crow may be dead, but he has still got some nieces and nephews who are alive and well.”

It’s too early to predict how the Supreme Court will decide the case. That hasn’t, however, put a stop to speculation. After Scalia’s comment on racial entitlements, pundits were quick to assume that the Voting Rights Act would soon be on its way out.

President and General Counsel of LatinoJustice Juan Cartagena said that there are a variety of options before the court. The justices could find middle ground or even send the case back down to a lower court, Cartagena said. Still, as a jurisdiction tied to Section 5, New York City will have to adapt if the anti-discrimination measures are stricken down — including through lawsuits involving other parts of the Voting Rights Act.

Supreme Court Justice Anthony Kennedy alluded to as much during his questions to Shelby County counsel Bert Rein. The justice asked Rein if lawsuits brought about through Section 2 of the law are cost-effective and timely as opposed to Section 5’s preventative measures. Rein argued that Section 2 lawsuits don’t have the stigma for states that preclearance and prior restraint have.

Cartagena disagreed. “It would place the onus on organizations like ours to bring about expensive lawsuits,” he said, referring to the ability to bring about lawsuits based on Section 2 of the law. “The cost of preclearance is a lot less than lawsuits.”

While the public debate continues, and while the Supreme Court ponders its decision, jurisdictions haven’t stopped working on election law.

Cartagena said that this year’s shifting of the 51 city council districts could very well be the last time that the city requires preclearance from the federal government, given that the Supreme Court usually comes out with before the end of the term in late summer.

While New York waits for the DOJ to review the new district maps, a district court has already weighed in on a request from a New England state to review its compliance with the Voting Rights Act.

AALDEF’s Vattamala said the outcome of that case supports the law’s relevancy. “The statute itself has a mechanism to make sure it’s never outdated,” he said in reference to “bail-outs,” by which jurisdictions subject to the law can opt out if they can prove that they haven’t implemented any voting discrimination practices in the previous 10 years.

New Hampshire did just that on March 1 after a district court’s three-judge panel ruled that 10 of the state’s communities no longer have to request preclearance of its election laws.

Vattamala said New York City could do the same, if not for its record over the years. “New York has a long way to go,” he said.

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Image courtesy flickr, used under Creative Commons license. 

This version includes important updates to clarify the differing views of a neighborhood in Queens with a growing Asian population — Editor. 

NEW YORK — For the many civic groups observing the decennial redrawing of City Council district lines, it has been an imperfect and sometimes frustrating endeavor.

Alleged back-room political deals. Incumbents who seem to have an oversized voice in the process. Murky decision-making by a supposedly independent commission.

Now, after three rounds of sometimes raucous public hearings, the redistricting process is near its bitter end.

The 15-member District Commission, tasked with redrawing the lines to reflect demographic changes in the city, released what is likely to be the final version of the district lines on Monday. They are expected to vote on them today.

If the Council approves the lines — and it is unlikely that they will reject them given the election calendar — they will become finalized for the next decade, angering minority and neighborhood advocacy organizations who realized that a bevy of their proposals would not be incorporated into the commission’s map.

For James Hong, a spokesman for the Asian American Community Coalition on Redistricting and Democracy, it was an expected yet agonizing outcome.

“Overall, the changes made to the map neither reflect the current population size nor the growth of the Asian-American community in the past 10 years,” Hong said.

ACCORD, a coalition of 14 Asian civic groups, grew increasingly agitated at each public hearing as it became clear the commission was going to divide a neighborhood with a growing Asian population from Councilman Dan Halloran's district. That neighborhood, referred to as being a larger part of Bayside by ACCORD and by others as Oakland Gardens, has its own separate zip code. 

The coalition argued, ultimately fruitlessly, that the southern portion of Bayside/Oakland Gardens should be naturally added to Halloran’s district. The councilman alleged that ACCORD was merely seeking to create an “Asian district” at the expense of everyone else. The southern boundary from the December plan was largely maintained in the new plan, satisfying Halloran. 

“We do not have proposals to create an Irish district, an Italian district, a Greek district, a district of green eyed people or a district of left handed people,” Halloran said at the Queens public hearing.

ACCORD sharply disagreed, penning a letter to the commission that contended their proposal would still make Halloran’s district less than 30 percent Asian. Tension between Halloran and Asian civic groups remains high over a tough, racially-charged 2009 general election that Halloran won against an Asian-American, Kevin Kim. That race cast a long shadow over the last Queens public hearing.

Jerry Vattamala, an attorney for the Asian American Legal Defense and Education Fund, said that AALDEF — which advanced their own redistricting proposal known as the Unity Map — was “evaluating all of our options," including  a possible lawsuit against the commission for an alleged violation of the City Charter over how the Asian population across New York City fared in the redistricting process.

“It really is a violation of the charter,” Vattamala said. “Asian-Americans are a protected group. According to the prioritized list, these groups, including Asian-Americans, must be ensured fair and effective representation.”

Bensonhurst, Brooklyn, a sprawling neighborhood with a burgeoning Asian population, is divided among four council districts, a perpetual concern for Asian civic groups. The commission’s latest map did little to create the sort of districts those groups desired.

In a Feb. 4 memorandum from Carl Hum, the commission’s executive director, to members of the commission, the reasoning behind how all districts were drawn in the city was made public.

The memorandum emphasizes that the commission followed closely the criteria laid out in the City Charter. Population size — ensuring no district is 10 percent larger or smaller than the average district size — and ensuring that racial and voting minority groups are fairly represented are two of the most important criteria in the charter. Not mentioned, but emphasized by Hum in public comments, is incumbency protection, which Hum argued was a legitimate factor to consider when redrawing district lines.

Praised by good government group Citizens Union (a sister organization of the Gotham Gazette), Hum's memorandum helped to deflect charges that the bipartisan commission, which includes former elected officials Tom Ognibene and Frank Padavan, lacked transparency.

But other civic leaders continued to be unimpressed by the proposed new lines.

Former Brooklyn District Leader Lincoln Restler accused the commission of “packing” Hasidic Jews in northern Bedford-Stuyvesant, a current part of Councilwoman Letitia James’ district, into southern Williamsburg, thus benefitting Councilman Stephen Levin, an ally of the Hasidic Jewish community and the former chief of staff to one of their fiercest allies in Albany, Assemblyman Vito Lopez.

“More than a year ago, individuals in consultation with Councilman Levin and Vito Lopez shared with me their plans to remake this district and cut out as much of brownstone Brooklyn as possible while packing in the Hasidic community,” Restler said. “This has been precisely the outcome more than 12 months later of a sham redistricting process designed to strengthen the incumbent council member at all costs.”

Restler, mulling a run against Levin, will see his election prospects plummet under the current proposal, though advocates of the alteration argued at the Brooklyn public hearing that the commission was rightfully uniting a community of common interest, which is another key criteria outlined in the City Charter. Levin himself argued this at the hearing, though James said that Jewish leaders in her district expressed concerns about losing a legislative representative.

The aforementioned Lopez factored into the redistricting process when it was reported last year that an ally in the Council requested his residence be drawn into term-limited Councilwoman Diana Reyna’s district to better facilitate a rumored run for that Council seat. Council Speaker Christine Quinn, who political insiders have said plays a large but unseen role in the redistricting process, was angered when the alteration was brought to her attention — and made public — and asked the commission to withdraw the council lines many believed were final, setting off a third round of public hearings in January.

One vocal critic of the districting process, Manhattan and Bronx Councilwoman Melissa Mark-Viverito, had criticized the commission for removing a section of East Harlem and Randall’s Island from her district. Both were restored in the latest proposed map, though Mark-Viverito found more of her district, currently Manhattan-based, drawn north into the Bronx. The district added enough Bronx residents to make the district slightly more of a Bronx district than a Manhattan one.

One of the Districting Commission's most detailed discussions of its decision-making, in the memorandum released on Monday, was reserved for Mark-Viverito's district.

While the commission said adding Bronx residents was done to reflect the “extreme” population growth in that county, Common Cause New York Executive Director Susan Lerner said she believed “political purposes” were behind the redrawing of Mark-Viverito’s district.

“We don’t see the justification of this district with 200,000 more people in Manhattan,” Lerner said. “It’s a pure gerrymander so the Bronx picks up an additional seat. It’s pure power politics.”

Mark-Viverito did not respond to requests for comment.

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Image of Randall's Island by InSapphoWeTrust, used under Creative Commons license.

NEW YORK — Organize Now. Rebuild Now. Better Service.

These are not commandments from an overbearing mother; these are party lines in a surprisingly competitive and lively nonpartisan special election being held tomorrow to fill a Queens City Council seat.

What makes the race even more odd for being so sought after is that whomever wins the race will have to jump back on the campaign trail soon after delivering a victory speech. The next citywide elections are just around the corner, with the primary set (at least for now) for September. The Queens seat was vacated when James Sanders Jr., successfully moved up to the state Senate after defeating indicted incumbent Shirley Huntley.

A Liberian, a Jamaican, two Haitians, a disgraced former councilman and an Orthodox Jew are among the eight candidates battling for the Council seat.

The winner of the special election in the 31st district will also be faced with representing some of the neighborhoods hardest-hit by Hurricane Sandy, including Far Rockaway, where thousands were left without power and train service was knocked out for weeks.

The district, tucked into Queens' far-flung southeast corner, ropes in the neighborhoods of Rosedale, Laurelton, Springfield Gardens and an eastern chunk of the Rockaway Peninsula.

Local leaders expect that demographics will weigh heavily in the decision of who gets elected.

Bishop Charles Norris, the founder of a large church in Jamaica, Queens, is a political power broker of sorts in the area and a former resident of Far Rockaway.

He has made it absolutely clear that the old New York anomaly of a white elected official representing a majority black area is unacceptable to him and others. He said he fears that the majority black district will be deprived of social and economic services at the expensive of a vocal, and more politically-active, minority. “I would hope that the other people in that race would see the light and do the math. If all of them stay in the race, none of them are going to win,” he said.

THE LONG-SHOT

It was already a difficult year for the district when in late 2012 police say a driver drunkenly swerved off Brookville Boulevard, a single lane roadway near John F. Kennedy Airport, and plunged into marshland on Dec. 30, killing a pregnant woman who was a passenger in the vehicle.

That accident is what motivated Marie Adam-Ovide, the district manager of Queens Community Board 8 and a Haitian-born 41-year-old resident of Laurelton, to run for the seat. “How come no one ever thought there needed to be railing or protective barrier on that boulevard?” she asked. “A woman ended up dead. I realized then that Brookville Boulevard was something, among many things, that needed looking into.”

Adam-Ovide, a relative long-shot in the race who has spent most of the nearly $7,000 that she has raised in private funds, according to the website of the city's Campaign Finance Board.

There is a disparity, she explained, between neighborhoods like Jamaica Estates and Fresh Meadows and the minority areas of the district, which she said don’t receive the services and attention that they deserve. She lamented the trash lining large thoroughfare like Merrick Boulevard. In contrast, Community Board 8’s Union Turnpike last year received a thorough cleaning up from the DOE Fund, thanks to funding from the local councilman, James Gennaro.

The gregarious Sanders received mixed reviews from the candidates running to replace him. Adam-Ovide implied he neglected her community when he decided to run for State Senate, “concentrating instead on where he gets bigger bang for his buck.”

LIBERIAN-BORN

Saywalah Kesselly, the oldest candidate in the race at 52, was more direct, labeling Sanders “a dismal failure.” Kesselly, like Adam-Ovide, is not originally from the United States. Unlike Adam-Ovide, he hails from Liberia, and is running on a platform of bringing a “holistic” approach to local schools.

After Sandy, education may be the biggest stated priority among the candidates. P.S. 156 in Laurelton has been targeted for “truncation” by the Dept. of Education, meaning the DOE will be phasing out the middle school grades — six through eight — while keeping the others.

“I want to bring holistic learning centers here with extended days, weekend hours and after school programs that will help our young people,” said Kesselly who, with $12,330 raised, is near the bottom of the pack. “We have a high unemployment rate that needs to change. We need job training and business development. There are young people here who are drug dealers and if we redirect them, they will be the best businessmen and women in the country.”

Kesselly, a past member of various nonprofits, is the executive director of the African Center for Community Empowerment, a nonprofit founded in Far Rockaway to solve problems that have plagued the neighborhood like gun violence. Insisting, like many candidates do, that he is a “not a politician,” he said he would consider not running in the primary if he lost the special election.

THE PROTEGE

Donovan Richards, Sanders’ most recent chief of staff, is unlikely to step aside for anyone. Only 29, Richards entered politics when a friend of his was murdered in South Jamaica, Queens. At an anti-gun violence rally a week after his friend’s funeral, he met Sanders and, soon after, Richards became his protégé. In 2008, Richards ran an uphill race against incumbent Assemblywoman Michele Titus and lost.

Richards is in a stronger position for the Council race, counting the backing of the Working Families Party, the United Federation of Teachers and 1199 SEIU, which independently spent several thousand dollars in support of his campaign, according to filings. He is also the top fundraiser in the pack with almost $60,000 from private contributions.

Diving into the Sandy relief efforts in Far Rockaway, Richards said he noticed a difference between the aid and attention granted to the eastern, minority-heavy section of the peninsula and the white western portion, like Breezy Point.

“I slept in shelters with my constituents and on the ground on rocks and I can tell you there was no presence of FEMA, the Red Cross or LIPA for the first fifteen days after the storm,” he said. “I saw how people were left to fend on their own. I take nothing away from what’s happened to people in Breezy Point, the whole peninsula was hit hard, but resources should have been more equitable.”

Richards argued he is the best person to replace Sanders because he knows how to navigate the City Council bureaucracy. Lacking a learning curve, he will be able to immediately, he said, work with government agencies and relief groups to ensure the Rockaways fully recovers.

A SEASONED CAMPAIGNER

If Richards, with his raft of high profile endorsements, is the favorite, his biggest threat may be the man who ran and lost against Sanders in 2009: Jacques Leandre.

The 42-year-old native of Haiti is a charismatic presence in the community, an attorney who founded the aforementioned youth football program in Rosedale. According to campaign finance records, as of Feb. 17, Leandre has been able to raise about $32,000 in private funds — a far cry from Richards’ total of nearly $60,000.

But Leandre has the experience of a campaign under his belt and the community name recognition to make him a top contender for the seat.

“I think the most pressing issues for the district are education and elderly services, or lack thereof,” Leandre said, explaining his platform. “We also need to rebuild the Rockaways. For me, the task is moving the community forward and bringing some innovative vision and ingenuity to the job. I want to expand on the work that’s been done not only by him [Sanders] but by predecessors as well.”

Leandre’s candidacy might have been given a boost last week when he appeared on many local television stations as the impassioned attorney defending a 19-year-old black man who had been beaten by police in Flushing, Queens on Jan. 8. Police charged the man, Robert Jackson, with marijuana possession and resisting an arrest, among other charges, but civil rights leaders have alleged the police used unnecessary and brutal force.

Leandre also garnered headlines for challenging the petitions of six candidates in the race. All of the challenges failed and candidates who were sued banded together to blast Leandre.

THE SPOKESWOMAN

Selvena Brooks, a public relations specialist, was among the candidates who came together against Leandre, accusing him of “a cynical, anti-democratic exercise, and a waste of the court’s time and taxpayers’ money.”

Brooks, the former spokeswoman for Senate Democrats, is running on the Rebuild Now! party line. Brooks has called for a rebuilding of education that would restore cuts to vocation and technical training programs, investment in new infrastructure projects and a coordinated relief effort for Sandy-ravaged areas, including opposition to property tax hikes on afflicted homeowners.

“We would have liked to have seen more done in the community for recovery efforts,” the 29-year-old Brooks said. “We’ve been here in trenches working with local clergy and ensuring people in the Rockaways get the help that they need. There are many are still hurting. People are living in hotels across the city; it’s unacceptable to live in your own city and not get the services you need.”

THE ORTHODOX JEW

Pesach Osina, who did not respond to repeated requests for comment, is a former staffer of energetic Rockaways Assemblyman Phil Goldfeder who also happens to be Orthodox Jewish.

A native of Brooklyn, Osina has lived in Far Rockaway since 1999, according to his campaign biography. The neighborhood is home to a growing Orthodox Jewish enclave that is a revival of communities that had dwindled in the 1970s not far from the black and Hispanic sections of Far Rockaway.

Allies of Osina contend that his candidacy is desperately needed because funding for community programs and social services has been virtually denied to their institutions. Writing in 5 Towns Jewish Times newspaper, Osina’s campaign treasurer, Eli Shapiro, argued that their community programs received less than one percent of the money allocated to the district over the past five years.

A PTA VETERAN

Michael Duncan, a native of Jamaica (the country), served as Sanders’ chief of staff in the 2000’s but angered Sanders when he decided to challenge him in 2009. Duncan, like Leandre, was expecting Sanders to be term-limited, but a controversial and overwhelming vote by the City Council allowed elected officials to seek third terms.

A veteran of PTA boards and Rosedale resident, the 49-year-old Duncan said he led the successful fight against the arrival of a so-called “hot sheets” motel in Springfield Gardens. Residents feared it would attract prostitution and other illicit activity and now the property is being turned into a strip mall.

“I’ve had four more years to build more bridges and more relationships in the district,” Duncan said of his 2009 loss. “Based on my service to the people in this community, I’m the person to represent this district.”

THE CHRONIC CAMPAIGNER

The only former elected official in the race did not respond to requests for comment. Allan Jennings represented a Jamaica and Ozone Park-based district last decade and was a notorious presence in the City Council, having been censured for sexually harassing staffers. He has run for numerous offices sense. Jennings’ campaign committee is not registered in the district. He has raised a grand total of $25 for the race.

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Image of Far Rockaway, Queens, by Kate Gardiner, used under Creative Commons license.

NEW YORK — Public health under Mayor Michael Bloomberg has largely come to be equated with smoking and trans-fat bans, calorie counts on menus and a limit on the sale of large, sugary drinks.

Candidates who hope to succeed Bloomberg, however, will be challenged with helping to rehabilitate public hospitals following Superstorm Sandy, a looming $3 billion city budget gap the could curtail spending and questions over what federal health care reform will mean for the city.

At a forum on public health on Wednesday, four mayoral hopefuls spoke about what they see as the critical needs of the public health system, agreeing that too many of the neediest New Yorkers remain without proper health care.

Democrats John Liu, William Thompson and Sal Albanese, as well as Republican Tom Allon each took turns on the stage at Long Island University in Brooklyn. The two expected frontrunners for the party nominations for mayor, Democrat Christine Quinn and Republican Joe Lhota, did not attend.

Liu, the city's comptroller, said he wasn't optimistic that the city could make up for a reduction in federal dollars caused by the Affordable Care Act.  “There's a big question mark around Obamacare," he said.

There is money to be found in the system to pay for improvements, but it might well take more audits to find it, he said. Liu pointed to numerous cases of health care fraud over the past few years which found the misappropriation of hundreds of millions of dollars.

Attacking corruption was something of a refrain for each candidate. Tom Allon, the sole Republican candidate to speak at the forum and owner of Manhattan Media, referred to Pedro Espada Jr, a former state senator who was convicted of looting hundreds of thousands of dollars from the Bronx health care network he founded. “That kind of stealing is probably still going on elsewhere in the city,” added Allon.

Fixing the city's hospitals is "a question of management,” he said.

That means being “smarter about where our dollars are coming from,” said former New York City Comptroller Bill Thompson, who held the office from 2002 until 2010.

Thompson, who previously ran for mayor in 2009 but lost to Mayor Michael Bloomberg by about 4.5 percentage points, took aim at his former rival by saying the problem of finding money in the budget was exacerbated by unresolved labor disputes with city employees.

Calling it "irresponsible" not to have set aside funding to cover those projected expenses, and with the budget hole fix still unclear, paying for better public health would be an immense challenge, Thompson said. Still, public health remains a priority.

"There are ways of saving money without sacrificing care," he said, noting that the hospital's network system needed to be revised to create a more efficient model. He said that as comptroller, he took the "unusual" step of looking into waste in the public health system.

While the short-term fixes were unclear, the candidates pointed to a common long-term solution: a preventative approach to addressing illnesses. By better educating children and by identifying early warning signs of disease, candidate Sal Albanese, a former Councilman who held office until 1997, suggested the city could save money going forward.

"We need pediatric wellness clinics" for those who cannot afford a doctor's visit, as well as "nurses who can go into a person's home" to help care for newly-born children as young as three months, he said.

Albanese, who previously worked as a health education teacher in the New York City school system, said he received his masters degree in health education free of charge, courtesy of the state of New York in the 1970s, when the state needed to encourage more qualified educators in the field. This kind of future planning should be continued, he said.

A model for the integration of health services in a school system, added Thompson, could be Cincinnati, which incorporates medical education and check-ups. This, he says, helps catch mental illnesses and diseases like diabetes, which may go undetected by parents.

While candidates mostly lauded Mayor Michael Bloomberg's record on public health, Thompson tried to take the fizz out of the soda ban, saying it was "good P.R., but a missed opportunity to do more for public health." That would include addressing the unequal distribution of parks and recreation areas available to the neediest.

Further, nearly all the candidates agreed the mayor erred in moving away from community-based organizations to address health care needs. Having CBOs could eliminate cultural in-sensitivities and other onerous burdens that would be placed on the patient.

By consolidating in the hopes of saving money, said Thompson, Bloomberg's policy left many underserved communities behind. “Health services should be closer to a community,” he said to applause.

CBOs would mean easing language restrictions, which Liu said can result in the death of patients. “I have constituents come to me and say a loved one died because they couldn't explain their health problem,” he said. Liu said he fought for equal language access as a councilman.

Sponsored by 22 organizations, ranging from the Commission on the Public's Health System to New York Immigration Coalition and the New Yorkers for Accessible Health Coverage, the forum offered a handbook to the attendees and candidates that highlighted key public health issues facing the city.

“The answers to all your questions are probably in this book,” Liu joked.

Jackie Vimo, a representative of the New York Immigration Coalition and forum member, called the book a “to-do” list for the next mayor of the city.

Those needs include identifying focusing on immigrant access, chronic conditions, and helping individuals with disabilities. The group further highlighted social determinants that factor into health, such as poverty, nutrition, lack of exercise, and low paying, potentially dangerous jobs that can pose a challenge to finding the time to see a doctor, she said.

According to the Immigration Coalition, almost 2.5 million residents are designated as “medically underserved,” further underscoring the challenge to serving them.

Judy Wessler, director of the Commission on the Public's Health System, said the problem was complicated by a system operating on "fuzzy math."

Hospitals that serve many Medicaid patients do not see enough revenue to remain open without public assistance, she said, but that assistance, which comes from the state, is often misused.

The next mayor needs to help address this, she added.

Hurricane Sandy further exposed the consequences of limited hospital options in cases of emergency when a handful of hospitals were forced to evacaute. Maimonides Hospital took on about 100 more patients as a result of Coney Island Hospital's closure. New York University's failed generators forced the evacuation of hundreds of patients the night of the storm, with some 200 patients transported to five hospitals throughout the city. In addition, the Bellevue Hospital Center emergency room and the VA New York Harbor Healthcare system remained closed for weeks after the storm.

"We had no plan for Sandy," Albanese said. "We're a crisis oriented society."

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NEW YORK — The once-a-decade process of redrawing the City Council's district lines is downright confounding to most people. The process became even more confusing after the commission responsible for drawing the lines pulled its final draft plan from consideration in December. 

That set the schedule back by several weeks and led to new public hearings this month. The first is scheduled for tonight. To help you get caught up on what all of this means, we've put together this handy primer on Council districting. Take it to the meeting and share it with friends.

Why does redistricting matter?

When Council district lines are finalized in a few months, they will not change again for a decade.

What residents of tightly-knit communities across New York City might not realize is that if they depend at all on public and private services, the Council members who represent them and the shapes of the districts they reside in matter far more than they think.

Unlike state representatives, Council members can dispense thousands of dollars in discretionary funds to community programs and capital upgrades like hospital and street repairs. The funding, often characterized as pork, can still allow local nonprofits to thrive. A Council member who is actively engaged in representing their community can stave off firehouse closures, help restore a crucial bus line or repair a library.

When neighborhoods or communities of common interest are united in a single district, a Council member is more likely to pay attention to them. If a neighborhood is carved up into several different districts, it becomes secondary or tertiary to multiple Council members. This means it can lose out on crucial funding.

For example, activists in the Queens neighborhood of Woodhaven are worried because the current map proposal divides Woodhaven in two districts and places residents with Council members they have not necessarily worked with before. Residents of Woodhaven are looking to avoid what was the decade-long fate of Richmond Hill, a neighboring community that was split among four different Council districts.

While Richmond Hill’s immigrant population continued to burgeon and reshape the area, it has lacked community centers, after school programs and even garbage cans on one busy avenue because there was never one Council member focused on their priorities. Even the most well-intentioned Council member is most likely to focus on the primary portion of their district and not a piece located on the outer edge. 

What is the Districting Commission?

The 15-member Districting Commission is the body appointed by the mayor as well as the majority and minority caucuses of the Council to redraw the City Council lines. Two members of the commission, Republicans Tom Ognibene and Frank Padavan —both from Queens — are former elected officials. The commission also has an executive director and staff.

After finalizing its plan, the commission must send it to the Council for a vote. The U.S. Dept. of Justice must ultimately approve the district lines that the commission draws.

Some have hailed the city’s Districting Commission as a vast improvement over other mechanisms for redistricting, like on the state level, where elected officials can draw their own districts to protect themselves from challengers. While the City Charter rigidly defines the boundaries of City Council districts, state Senate and Assembly districts can end up resembling bizarre puzzle pieces or Rorschach blots.

But good government groups and political insiders have questioned the independence of the city’s commission.

“What we’ve seen actually is that the commission acts as a layer that sort of clouds the transparency of the process,” said James Hong, a spokesman for the Asian American Community Coalition on Redistricting and Democracy, a coalition of 14 Asian-American advocacy organizations that have fought for fairer minority representation in city and state districts. “When you compare it to the state process, there it was heavily partisan and there was really a lot of conflict of interest — we don’t agree with it. However, it was very clear who was in control of the process.”

Hong said the Council redistricting process is “just as politicized,” but that “it’s hard to know exactly who is doing what. There’s an opaqueness from the involvement of the commission.”

One council member, who spoke on the condition of anonymity, said Carl Hum, the executive director of the commission, met with council members to ask them what proposals worked for themselves and the community. Members of Quinn’s staff contacted council members during the redistricting process to discuss their districts, the council member said. However, it is not unusual for elected officials to weigh in on districting matters. The commission allows elected officials to testify at public hearings.

At a meeting of the reform-oriented New Kings Democrats on Jan. 3, a representative of the commission, Jonathan Ettricks, defended the commission’s work.

“This is a process where anyone can have their voices heard,” Ettricks said. “Elected officials are people … If they want to try to have their own interests realized, certainly they are able to do that.”

An issue that the New Kings Democrats brought up was the lack of public recording of meetings between members of the Council and the commission. Testimonies at public hearings are readily accessible but individual meetings between commission members and Council members are not immediately available to the public. This information is available by Freedom of Information Law request.

Ettricks agreed that information on those kinds of meetings should be more readily available in the future.

“I think that’s an issue that has come up and there are some elected officials who have even raised that issue publicly and perhaps it’s something that should be done going forward but it’s not something that was incorporated into the process,” he said.

Lincoln Restler, a member of the New Kings Democrats and a possible candidate for City Council, said he had a lot of concerns about the fairness of the redistricting process.

“I think even the redistricting commission representative recognized opportunities to increase transparency and ensure a more fair outcome for neighborhood residents is very much possible and in fact needed,” Restler said. “This commission has primarily focused on protecting the interests of incumbents and that fails to meet our expectation for an independent redistricting process that represents the interests of New York City residents.”

Why new public hearings were called

The process for redrawing district lines was supposed to be done by now.

The Districting Commission had turned in its final draft to the City Council for consideration on Nov. 16, when news broke three days later that a change to the Brooklyn lines would have given disgraced Democratic powerbroker Vito Lopez a boost in a possible bid for a Council seat in the 34th District.  

A Lopez ally, term-limited Councilman Erik Dilan, allegedly requested the change. Outraged, Council Speaker Christine Quinnurged the commission to withdraw the map and move Lopez’s residence back out of the 34th District, though she was initially told on Nov. 16 that the panel had no power to tweak district lines without the City Council rejecting them first.

The reported ploy to boost Lopez’ chances was especially bizarre because a redistricting year has far more lenient residency requirements.

Hum admitted at a meeting in December that public opinion weighed on the commission’s decision to withdraw the maps.

“Certainly, there was a lot of public concern about that and we responded to that,” said Hum when asked if the press reports about Lopez’s residence being drawn into the 34th District influenced the commission’s decision. “The same way we responded to requests for additional hearings.”

New public hearings were something that good government groups were calling for long before the Lopez fallout. They had lamented that the public did not have a chance to comment on the revised version of the maps that were forwarded to the Council.

“I think that a third round is a good thing,” said Susan Lerner, executive director of Common Cause New York. “The timeframe did not allow the commissioner and the staff to put out their final recommendation for the public to make comments on. This third round will allow that to happen.”

Lerner admitted she was not “enthralled” with the procedure, but said she believed the outcome was the correct one.

Wait a minute, what is this about Lopez?

Lopez, a state Assemblyman representing the neighborhoods of Williamsburg and Bushwick, was accused of sexually harassing staffers earlier this year in a scandal that led most high-profile politicians in the city, including Quinn, to distance themselves from the longtime Brooklyn party leader. Lopez currently faces an ethics inquiry.

On Nov. 29, Council Speaker Christine Quinn sent a letter to the chair raising concerns about some of the lines, in particular a change that would have placed Lopez in the 34th District, where he was mulling a council bid.

While lauding the commission's work in her Nov. 29 letter to Chair Benito Romano, Quinn requested the lines be withdrawn and that a new series of public hearings be convened.

"Notwithstanding your efforts, there is still a need for more public participation," she wrote.

During the meeting in December, Romano agreed with Quinn that the best course was to withdraw the maps and hold a new round of hearings in January.

"I believe that we all agree that by maximizing public input, we will ensure the creation of a district plan that better reflects the complexity and diversity of our city," he said, according to a transcript of the hearing.

He said that the commissioners had communicated their interest in more public comment when they sent their plan to the Council on Nov. 19 for a vote, but also expressed concern that under the City Charter there was little legal recourse or time to do so.

The Council would have had to vote to reject or accept the lines by Dec. 10, or they would have lapsed into law, leaving little time in between to hold public forums.

Besides the interest in more public input, Romano said that Quinn's request "left open the possibility that the City Council would not vote to reject the plan" if it was not withdrawn before the Dec. 10 deadline. He added, "I believe that further underscored the need for action on the part of the commission."

Romano said he anticipated the next round of public hearings and meetings by the commission could be wrapped up by February 2013, with a new revised district plan delivered to the Council for a vote. The Council would then have three weeks to adopt or reject the plan.

"We would hope to have a final plan adopted prior to March 5, 2013," he said, according to a transcript.

To make matters even murkier, after withdrawing the map, the commission voted to agree to two changes to the plan that had been submitted to the Council and will now be the subject of a new round of public hearings.

At least one commissioner said he was concerned that the decision to withdraw the map and then vote to update it would lead to more confusion by the public rather than be seen as an effort to create more accountability of the process.

“It’s a question of perception I’m concerned about, misleading the general public who will not understand everything that was spoken here today," said Padavan, a former Republican state Senator, who voted for the withdrawal of the map but abstained from the vote on making public the two changes to the plan.

Was the process skewed to protect incumbents and what effect might it have on this year’s election?

Hum has said that “incumbency protection” is one of the factors the commission considers when drawing new districts.

And, as Gotham Gazette Demographics Columnist Andy Beveridge wrote in November after analyzing the final draft plan: “Overall the plan continues the time honored tradition of incumbency protection, but it is worth noting that such concern for incumbents has been found by the Supreme Court to be a legitimate basis for redistricting.”

The change in the schedule of when the districts will be voted on also benefits incumbents, because challengers will have less time to know which districts they will be running in, especially if a June primary date is scheduled.

All of this could have ripple effects for the city as a whole, said Rachael Fauss, policy and research manager for Citizens Union (the sister organization of Gotham Gazette).

“One concern is that a candidate who is not an incumbent may not know their district as well,” Fauss said. “It may be helpful to lessen the petition requirement and make it easier for the candidate to get on the ballot. The BOE (Board of Elections) is going to have to deal with everything more quickly — they have to draw new election districts … It’s still an open question if the BOE has enough time to do everything.”

But not all incumbents got everything they wanted. For instance, Republican Councilman Dan Halloran, saw his 19th District in eastern Queens altered at least somewhat to his liking.  But not northern Flushing, which was excised from his current district.  

“The Commission took appropriate action by withdrawing the proposed lines from the Council,” said Halloran in a statement. The councilman had attended both public hearings in Queens and submitted written testimony. “I am hopeful that deliberations and the next public hearing will lead to the restoration of northern Flushing to the 19th District, so that the single-family homeowners in that area will continue to have a voice in the Council and not be disenfranchised.”

Civil rights organizations have been vociferously opposed to some of the commission's lines

The Asian American Community Coalition on Redistricting and Democracy, the Asian American Legal Defense and Education Fund and LatinoJustice PRLDEF were at the forefront of a push to ensure that the new district lines would increase the voting power of the burgeoning minority populations of New York City.

The groups, among others, put forward their own redistricting proposal, called the “Unity Map.” The Districting Commission must draw lines that comply with the Voting Rights Act of 1965, which was created to protect politically-cohesive minority groups from having their voting power diluted.

Section 5 of the act applies to jurisdictions in specific states with histories of discriminatory electoral practices. With its large minority populations, Brooklyn, Manhattan and the Bronx all fall under Section 5.

In Brooklyn, civil rights advocacy groups have argued Bensonhurst, with its booming Asian population, is unfairly cleaved into four different districts. ACCORD took further aim at Queens, arguing the neighborhood of Oakland Gardens, home to a growing Korean population, should be united with neighboring Bayside.

Briarwood, another Queens neighborhood home to a growing South Asian population, was split in two in the latest map proposal. ACCORD wants the Queens neighborhoods of South Ozone Park and Richmond Hill, also South Asian in make-up, united more fully into a single district.

Jerry Vattamala, a staff attorney with AALDEF, questioned why commission wasn’t being more fully responsive to these concerns.

“How many speakers said Oakland Gardens should be with the rest of Bayside? Where are those changes?” Vattamala asked. “I think there’s a lot of politics involved here with this, quote unquote, independent commission; there’s this sort of black hole. We don’t know what the real reasons are for why the maps are drawn, why changes are being made, who’s really calling the shots.”

He added, “One thing is clear, it isn’t the public.”

In Manhattan, Councilwoman Melissa Mark-Viverito slammed the commission for removing a chunk of East Harlem from her district and adding thousands of voters from the Bronx and move Randalls Island out of her district to one in Queens.

Mark-Viverito and residents have accused the commission of playing politics with their neighborhood. “They’re carving East Harlem up like a turkey, all for some other political end,” Mark-Viverito told Daily News columnist Juan Gonzalez in a story published over the weekend. But Hum has disputed those allegations.

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Additional reporting by Cristian Salazar. Image of 1906 Wood Harmon Map of New York City courtesy Wikimedia Commons.

ALBANY, N.Y. — With the power in the State Senate hanging in the balance after last week's election and the impact of Superstorm Sandy overshadowing the civic debate, the political calculus in Albany has shifted.

Where only a few weeks ago lobbyists and policy makers were debating the possibility of a special session of the State Legislature that would address campaign financing, the minimum wage and marijuana possession laws, they are now talking about how the government can respond with smarter policies to lessen the impact of future super storms.

“Rebuilding becomes the focus now,” said Russ Haven, legislative counsel at the New York Public Interest Research Group, in an interview this week.

He added that legislative pay raises that had long been rumored as a focus of a special session will be “a lot harder to do” now that Sandy has added to the state’s budget shortfall.

Haven and other political observers are still eyeing the outcome of key races to see whether they shift the State Senate to the Democratic Party. The Senate is currently split 33-29 in favor of the Republicans.

Even if the Democrats do eke out a majority, it could be rendered almost meaningless. The Independent Democratic Conference, a rogue group of four Democrats led by Bronx State Sen. Jeffrey Klein, is in a position to play the spoiler and could decide to align with the current majority of Republicans. Newly elected Brooklyn State Sen. Simcha Felder has said he will caucus with the Republicans. And, perhaps most importantly, the Democrats have long fallen out of favor with the state's popular governor.

“The governor, given his popularity, institutional powers and demonstrated capacity for negotiating has the upper hand one way or another," Haven said, adding that Gov. Andrew Cuomo and the IDC are also politically aligned. “The IDC is in tune with the governor’s agenda. They are fiscally conservative and support more liberal social issues.”

Former Gov. David Paterson wrote in The Times Union this Sunday: “Rising above all this political uncertainty is one simple fact: No matter what happens come January, Gov. Andrew Cuomo will end up a winner either way.

If the Republicans return to power, the governor will still have an ally on his important economic agenda of job creation, low taxes and regulatory relief. If the Democrats win, Cuomo will be able to pass the social agenda that has been stymied by the Republicans: minimum wage, campaign finance reform and more intelligent marijuana possession laws.

Cuomo has tried to stay above the fray, instead focusing his political energy on the storm cleanup.

"The Assembly will pick a leader, and the Senate will pick a leader. And I have no intention of getting involved in either situation," Cuomo said at a press conference last week, while underscoring that he thought Democrats learned a lesson the last time they were in control of the Senate. "I think they learned the hard way. The Democrats were in power. The Democrats then lost power because of the dysfunction and I think they learned that lesson the hard way."

In 2008, Democrats took control of the Senate Majority, but first they had to win the support of the self-titled Four Amigos, comprised of Sens. Carl Krueger, Ruben Diaz, Pedro Espada and Hiram Monserrate. The four realized the Democrats needed their votes to elect a majority leader held out until they received the terms they wanted to support Sen. Malcolm Smith. The men won prominent committee seats, staffing and, according to some, received guarantees from Smith about what legislation he would introduce. In June 2009, Espada and Monserrate got a better offer from Sen. Dean Skelos and launched the coup that paralyzed the Legislature for months.

But while no one in Albany wants to see a repeat, those groups who have seen their agendas sidelined by the Republicans are hoping the Democrats gain the Majority.

Michael McKee, the treasurer of Tenants PAC, a political action committee dedicated to keeping apartments affordable for New Yorkers, had trouble sleeping on election night as he watched the results come in.

That's because the group he works for had poured thousands of dollars into the campaigns of Senate Democrats across the state: They had given $ 6,000 to Cecelia Tkaczyk in the 46th Senate Districtand held a fundraiser for her; another 10,300 had gone to George Latimer in eastern Westchester County; $7,000 to Queens Sen. Joe Addabbo; $4,000 to Justin Wagner; $6,000 to Nassau County's Ryan Cronin; and $2,000 to Ted Obrien.

One after another, McKee watched as the candidates they supported won their races or edged ahead as recounts loomed. "I was so excited, I couldn't sleep," McKee said.

But in the days since election night, McKee's fervor has turned to caution.

For years, Tenants PAC has worked with one goal in mind: Elect as many Democrats as possible to the State Senate who would be willing to help to pass legislation that protects housing for working class New Yorkers.

“We worked very hard to help the Democrats win the Senate. And we also helped upgrade the Senate. We are proud of that,” said McKee, who said he gave Tkacyzk a few hundred dollars or his own money. “We are proud of replacing Sen. Pedro Espada with Sen. Gustavo Rivera. But if the Republicans or Jeff Klein is in charge, we have no chance. I would rather see them remain in the minority for two years rather than make a deal like last time."

Business groups are worried about what the Senate Democrats might mean for their agenda.

"I didn't know whether to chuckle or cry," Michael Durant, New York state director of the National Federation of Independent Businesses, told Crains New York. "Unfortunately, it appears in some races that are essential to the Senate that economic development and jobs were not the central theme."

Brian Sampson of Unshackle Upstate, a conservative business group, told the newspaper that life would be a bit more difficult with a closely split Senate.  

"I don't care if you're the business community or the ultra-progressive left," he said. "Any bill that has any controversy to it is just going to take that much longer to get to the floor. And once it gets there, you're going to have to work that much harder to get it passed or get it defeated."

A number of Albany insiders say Senate Democrats realize that they have to appeal to businesses interests and upstaters — especially because the seats they gained this year and seem poised to gain are upstate and to keep those seats they will need to tend to their issues.

Sen. Michael Gianaris, head of the State Senate Democratic Campaign Committee, has said repeatedly that his conference is committed to promoting a “pro-business” agenda.

The United Federation of Teachers and New York State United Teachers also publicly backed a number of Senate Democrats and have a lot invested in the outcome of the battle for control of the Senate. NYSUT reportedly spent $500,000 to help Addabbo retain his seat.

Teacher unions are very interested in countering Gov. Andrew Cuomo’s plans for school reforms and his continued push for concessions from unions. Clearly they felt a Democratic Majority in the Senate would help blunt Cuomo’s agenda, but it isn’t clear if a coalition government would help them at all.

But it isn’t just those who gave money who are concerned with who will control the Senate when session starts next January.

Gene Russianoff, of The New York Public Interest Group’s Straphangers Campaign, says funding of the MTA is also very much at stake. If Senate Republicans get what they want, the mobility tax on areas served by the Metropolitan Transportation Authority would be completely repealed.

“It is widely perceived among Republicans that it is a highly unpopular tax. They eliminated it last year for some small business and it cost the budget$300,000 that Gov. Cuomo found the cash to replace,” he said. Russianoff noted that Democrats passed the tax by party line in 2009, so it is likely that the tax battle would split down party lines.

But Haven, of NYPIRG, said that post Sandy, the people will want to be sure their leaders are focused on fixing things quickly.

“From now on, I think we are going to look at everything the state does through the lens of how we deal with disasters," he said. "People want a smart government that is ready to deal with how we move forward.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEE RESULTS FOR STATE RACES:

WNYC Election 2012 Map

NY1: Real Time Returns For New York City

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

STATE SENATE

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

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

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

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

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

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

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

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

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

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

Golden couldn’t be reached for comment last week.

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

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

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

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

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

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

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

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

STATE ASSEMBLY

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

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

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

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

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

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

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

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

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

CITY COUNCIL SPECIAL ELECTION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

JUDICIAL RACES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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