Coming to a Polling Place Near You: Electronic Ballot Marking Devices

By Patricia Adams

Voters at polling sites in NYC are slated to be introduced to the “new kid on the voting block”, the Electronic Ballot Marking Device, as early as this year’s September 14th primary election. But State Senator Joe Addabbo, Chair of the Senates Standing Committee on Elections, says he intends to petition the judge with a request to hold off replacing the machines until next year.

If the Board of Elections (BoE) funding is cut at the city level, federal money will run out, according to Addabbo, and there will not be enough funding to train BoE workers or to educate voters on the use of the new machines. “Next year is the perfect year for this,” Sen. Addabbo said. “It’s an off-year with no major elections. It’s already years late,” he contends. “I don’t see the world spinning off its axis if we do this next year.”

According to the Help America Vote Act (HAVA) of 2002, a program was put in place to provide funds to states to replace punch card voting systems. According to Addabbo, the situation is further complicated by several factors including the fact that because states used HAVA funding, they were mandated to comply with regulations and forced to decide on machines they are now unhappy with.

Changing the machines during a popular election will cause mayhem at the polls according to Sen. Addabbo. “The mayor is proposing huge cuts to the Board of Elections. Training for the introduction to this system on the board end and to the voters could be upwards of thirty million dollars. The money is just not there.” And he maintains that voters need very little to be discouraged. “If you don’t want someone to vote, just give them a little reason to be frustrated—they’ll stay at home,” said Addabbo.

But in the eyes of another elected official, the arrival of the machines has been delayed for far too long. “There is no reason to delay,” says Councilman Eric Ulrich, a former employee of the BoE. “There are huge benefits to this machine,” he says, “People do not have faith in the system. That’s obvious by the decline of voter turnout.” Ulrich and other supporters of the immediate change say that infusing the new technology will encourage a younger set of voters whom statistics show are not voting.

Supporters of the machines say there are a number of highly advantageous components including instant reporting, allowing the results of an election to be known much sooner. On a more practical basis, the new machines offer voters the opportunity to correct any mistakes they may have made on their ballot and the machines also create a paper trail to verify the voter’s intent.

Gov's Special Election Call Leads to Criticism

By Conor Greene

The governor’s decision to once again call for a September 15 special election to fill the vacancy in the 38th Assembly District created by Tony Seminerio’s resignation has led to criticism from candidates who won’t be on the ballot as a result.

Gov. David Paterson’s announcement, which came last Friday, meant that the county Democratic and Republican party leaders got to choose which one of their candidates will run for the seat. If a regular election had instead been held, any candidate who received enough signatures would have qualified for the ballot.

The governor’s announcement came a week after he first called for a special election before issuing a press release several hours later stating that no final decision had been made. “Although there were concerns raised about last week’s announcement, after a comprehensive review of the issues at stake, I have determined that a special election on Primary Day is the most cost-effective, expeditious way to ensure the people of the 38th District are appropriately represented in the Assembly,” said Paterson in a statement.

Following the announcement, the local Democratic district leaders voted 2-1 to nominate Michael Miller of Glendale for the ballot spot. Seminerio, who is awaiting sentencing after pleading guilty to influence-peddling, was eligible to cast a vote but did not take part in the selection process. On the Republican side, Donna Marie Caltabiano, executive director of the Forest Park Senior Citizens Center, is the only candidate running.

The governor’s sudden about face two weeks ago led to speculation that Paterson was caught between two competing factions within the Democratic Party: county leader Rep. Joseph Crowley, who sought a special election, and State Senator Malcolm Smith and Rep. Gregory Meeks, who reportedly pushed for a regular election so that Ozone Park attorney Albert Baldeo could continue with his candidacy.

Paterson’s decision was predictably met with harsh criticism from the candidates who had completed the petitioning process but now will not appear on the ballot. One candidate – Farouk Samaroo – has already filed a legal challenge to the governor’s decision to call a special election. The matter was scheduled to be heard on Thursday morning in U.S District Court.

“Our right to vote in a free and fair election is being violated by the governor’s action. I am suing under the Voting Rights Act and asking the court to set aside the bad joke played on the electoral process,” said Samaroo, a veteran of the Afghanistan war.

Baldeo, who has previously run for City Council and State Senate, said he is also considering his next step. “We are still going through our options. We’re very disappointed now,” he said. “It’s a sad day for democracy as the decision was taken out of the hands of the voters… We don’t know why [the special was called]. There was such a diverse mix of candidates on the ballot, so it’s very troubling.”

Particularly outraged over the decision is Nick Comaianni, who told The Forum that the district leaders were initially set to back him 2-1 before Crowley, the county party leader, pressured the district leaders to vote for Miller.

“The Queens County Democratic Party is anything but democratic,” said Comaianni, president of Community Education Council 24 and a Community Board 9 member. “The whole system was a disappointment to me. It was very shady the way the vote went,” he said, adding, “one leader obviously flipped” positions before the vote this week.

“Crowley took every leader into a room by themselves and he grilled them until they changed their minds,” continued Comaianni. “This was obviously a big thing for him [since] he promised Miller they would give him the race. I’m upset this entire election is decided by a handful of people. I would have been more comfortable if I ran and lost because as much as I wouldn’t have liked that, the people would have spoken.”

Messages left on Miller’s cell phone were not returned by deadline Wednesday.

Queens Democratic Party Executive Secretary Michael Reich denied claims that leaders were pressured into voting for Miller, who he noted is a lifelong Democrat who was also endorsed by the Conservative Party. “He has the Democratic and Conservative lines in a district that tends to be more conservative,” said Reich, adding that Comaianni recently switched his party affiliation from Republican to Democrat.

While Miller has not been especially active in local party politics, his extensive community involvement helped him secure the nomination. “That’s all we’re looking for, someone who is active in the community on the grassroots level. None of the district leaders who would have had a leg up on this were interested in running, so it was natural to go into the community to find someone active there who has support,” said Reich.

Reich refuted claims that the district leaders were pressured to switch their support from Comaianni to Miller. “There was no pressuring. There was a meeting here of district leaders, it was a very friendly meeting and there was only one vote. How could there be pressure? It would make no sense… The district leaders decided he was the candidate best able to represent the party and get elected.”

Paterson Calls for Special Election Before Quickly Reversing Course

Blames Confusion on Staff Mistake

By Conor Greene

The uncertainty looming over the 38th Assembly district continued after Gov. David Paterson announced that a special election would be held in September to replace disgraced ex-Assemblyman Anthony Seminerio, before changing course just hours later and issuing a statement that no decision has been made yet.

The latest embarrassment for Gov. Paterson came last Friday, when his office announced that a special election will be held on September 15 to fill the vacancy created when Seminerio resigned before pleading guilty to fraud charges. “This special election will ensure that the residents in part of Queens County will have the representation they need in the New York State Legislature,” said Paterson in the release.

However, just four hours later, the governor’s press secretary Marissa Shorenstein issued a statement informing the media that the prior press release has “been recalled” and that “no final decision has been made at this time with respect to a special election.” Several weeks ago, the governor’s office had informed the city Board of Elections that Paterson intended to call for a special election.

The unusual move to rescind the special election announcement led to speculation that it had first been called at the request of county Democrat party chairman Rep. Joseph Crowley, before Gov. Paterson reversed course due to pressure from state Senators Malcolm Smith and John Sampson and Rep. Gregory Meeks, who are backing Albert Baldeo in the crowded field.

On Wednesday, Shorenstein refused to comment on reports the governor’s reversal came as a result of political pressure and instead chalked the error up to a mistake. “The announcement of a special election was made in error. The governor did not sign off on such an announcement. There is currently no special election,” she wrote in an e-mail to the Forum.

If a special election was held, the candidates would be hand-picked by county party leaders. If a primary is held, candidates who qualified through the petitioning process would appear on the ballot. At the center of the dispute are reports that while Baldeo has the support of certain party members, he wouldn’t get the nod if a special election was held. There are also questions regarding whether Baldeo meets the one-year residency restriction to be eligible to run for the seat, an issue the Ozone Park lawyer refuted.

“The governor eventually made the right call, but it was done in a sort of convoluted way,” said Baldeo. “The voters should decide who our next assembly member is after all we have gone through, and no one else. As much as it created confusion, I think… that the right decision was eventually made.” He said he has the paperwork needed to prove that he has lived in the district for well over a year.

Baldeo said that he was not aware of any politicians lobbying the governor on his behalf against a special election. “I would imagine there would be a lot of folks who have seen my work and are very supportive of my candidacy because I’ve been working very hard in my district,” he said, adding that he helped the party by abandoning his bid last year for the party’s endorsement for the state senate seat eventually won by fellow Democrat Joseph Addabbo. “I’ve done a lot for the Democratic Party,” added Baldeo.

Another would-be Democratic candidate, Mike Miller of Glendale, said he isn’t concerned about what form the election takes and is instead focusing on running a “vigorous campaign” that already boasts endorsements from City Councilwoman Elizabeth Crowley (D-Middle Village), Democratic District Leader Frank Kotnik and the Queens Conservative Party.

“I’m honored and proud to be even considered to run for office, and no matter what kind of election it is, I will be ready,” said Miller, who serves on Community Board 5. “I’m spending my time campaigning instead of lobbying for the type of campaign it will be. That’s out of my hands, so why waste my time trying to change it?”

Other residents who have announced their intentions to run for the vacant seat include Democrats Nick Comaianni of Community Board 9 and Farouk Samaroo, who recently returned home from a military deployment in Afghanistan, and Republican Donna Marie Caltabiano, director of the Forest Park Senior Center.

Recount in 32nd Council Special Election

By Patricia Adams

For anyone wondering just how long it will take for Eric Ulrich to begin his role as the new Councilmember of the 32nd District, the answer seems to be still a couple of weeks away. Although preliminary counts show Ulrich as a clear victor, a re-canvassing of approximately 100 voting machines took place on Monday March 2 and was completed by Tuesday.

Ulrich’s closest opponent in the race, Democratic District Leader Lew Simon, who was behind in the original counts by roughly 1,000 votes, still has hopes that a recount will find him at the top of the heap. In fact a call to his office will transfer you by automated attendant to Mr. Simon, who has left behind the following recorded announcement: “I want to thank everyone who came out and voted. The election is still not over so please keep us in your prayers. The election is still not over.”

In an interview with Simon, the district leader has acknowledged that he has not conceded the race because many times things are discovered in the recanvassing process that can turn the direction of things. “Many times, during the mandatory recount,” Simon says things are not done or recorded properly. “We are still awaiting a total count of paper ballots and we are very proud of the showing that we made.”

Monday, Simon says he sent a team of observers to watch over the recanvassing process, which allows for observation by the public, as well as representatives sent by involved candidates. The process is overseen by equal representation from both the Democratic and the Republican parties.

Although there was much banter and speculation as to whether it was Simon who demanded the recount or Ulrich himself served papers for the recanvassing to take place, the fact of the matter is that the recounting of the machines is standard procedure in every election.

According to the Board of Elections, “the preliminary election “results” reported on election night are just that - preliminary.” Valerie Vasquez, the Director of Communications and Public Affairs at the NYC Board of Elections, explained that the process that began on Monday is nothing unusual.

Vasquez says that an election is not certified and no winner is officially declared until every vote is counted. Included in those votes would be a re –canvassing of each machine, and a count of all paper ballots, including those from the military, absentee voters, and handicapped voters. New York State Election law mandates the vote counts before the election results can be certified as the “official” count.

The way the procedure works is that, following the close of polling sites on any election day at 9:00 p.m., the preliminary election results are produced. This is accomplished by poll workers from major parties, Democrat and Republican, opening the machines and manually recording the results for each machine on their tally sheets. The New York City Police Department collects the materials containing these results, compiles them, and enters the information into its computer system for tabulation.

How It Works

After the polls close on election night, poll workers transcribe the number of votes for each candidate from the face of the voting machines onto “Return of Canvass” forms. These poll workers then hand the “Return of Canvass” sheets to the police officer assigned to the polling location. All candidates and members of their respective campaigns are permitted by law to assign poll watchers to observe the poll workers and to record the preliminary results onto their own tally sheets as they are read off by the poll workers.

Once collected, the police officer delivers the “Return of Canvass” sheet to the police precinct. At the police precinct the results are transcribed into its computer system. The computer records are then transmitted to the Associated Press and a copy of each “Return of Canvass” form is delivered to the Associated Press office at 55 Washington Street in Brooklyn. The Associated Press then shares the preliminary results with its colleagues in the news media. These preliminary results, however, do not include the count of any of the varied types of paper ballots.

New York State has one of the most meticulous recanvassing procedures in the country. State Election Law requires the Board of Elections to recanvass every voting machine used in an election within 15 days of the election.

During this process, bipartisan teams of Board of Elections employees record the results for tabulation. As an extra layer of oversight, representatives of all campaigns involved in a particular election are notified of the recanvassing schedule and are invited to monitor the official recanvassing and ensure its accuracy. The absentee and affidavit ballots are then opened and tabulated after staff review. The campaigns are once again invited to monitor the opening and counting of these paper ballots.

Subsequent to the recanvassing the Board of Elections certifies the election result pursuant to and in accordance with the procedures set forth in the applicable portions of New York State Election Law.

Ulrich, who has already made several trips to City Hall, has been involved in meeting with Speaker Christine Quinn and other colleagues. Insiders say it is a little frustrating that he has been given all the paperwork to locate his district offices and put his staff in place but that all that activity is frozen until the election commissioners meet and certify the election officially.

Initial raw data collected from returns show that Ulrich carried all but one polling site on the mainland and that Simon carried the peninsula for the most part. Ulrich’s victory on the mainland amounted to about 64%.

According to campaign spokesman for Ulrich, Bart Haggerty, the results from Monday’s recanvassing efforts were as follows: Ulrich: 3,424; Simon: 2,472; Chapey: 897; and Ricatto: 664

Additional information suggests that there are no more than approximately 300 valid paper ballots which would still have Lew Simon falling far short of what he would need to capture the victory from Ulrich even if he were to take 100% of the paper ballots. Officials say that the paper should be counted by tomorrow, however according to Valerie Velesquez the earliest the Commissioners will certify the election could be as late as March 17th.

Eric Ulrich says he just wants to get on with the business of getting about his work in City Hall and throughout the community. “I think that people deserve representation and that they deserve it now. It is clear that the people have chosen me to be their next city councilman and I will be ready to serve on day one, “Ulrich says. “Paperwork can’t be signed until the commissioners officially certify the election. I hope it will be soon.”

Gallagher Spent Leftover Campaign Money During Final Months in Office

By Conor Greene

While former City Councilman Dennis Gallagher’s final few months in office were relatively quiet, the Middle Village Republican was busy spending money left in his campaign fund on donations to local groups and pricey meals at a local restaurant.

Although Gallagher’s legal troubles began last summer, he continued to raise money with a committee formed with the state Board of Elections for a potential run at higher office, even though his political career was essentially already sunk by the criminal charges.

After being charged with rape last August, Gallagher pled guilty in March to sexually assaulting a 52-year-old woman in his campaign office last summer. He resigned from his position on the City Council on April 18. As part of the plea agreement, Gallagher admitted he had “forcibly touched” the woman without her consent in his Metropolitan Avenue campaign office. The guilty plea spared him from registering as a sex offender and serving jail time.

During the final four months of his tenure representing the 30th Council District, Gallagher kept a low profile. However, he was busy spending $22,000 that was left in his “Gallagher New York” account on file with the state Board of Elections. A review of his campaign finance disclosure filed with the state for the for January to July shows him doling out money to some of his favorite groups, including two donations totaling $6,000 to the Greater Ridgewood Youth Council.

The disclosure also shows that Gallagher shelled out nearly $3,000 for five meals at O’Neill’s bar and restaurant on 53rd Drive in Maspeth. Those totals included $435 for dinner on March 3, a $382 dinner on March 28 and a $359 lunch on April 4. Finally, on April 18 – his last day on the City Council – Gallagher spent $200 for lunch and $1,512 for dinner.

A spokesperson at the state Board of Elections said that under election laws, the money is not allowed “to be converted for personal use” but can be spent at restaurants if it comes in the course of performing duties as a public official
or candidate.

Gallagher continued to raise money through the end of 2007 under a committee formed on the state level, but hasn’t filed any paperwork with the city regarding a future run for office, according to the city Campaign Finance Board. An audit of his campaign spending from his last run for City Council was completed this year and resulted in no penalties.

Gallagher was unable to be reached for comment regarding the expense report.