I was talking with some veteran politicos and operatives today who don't really have a dog in the Blankenbush-McGrath petition battle.
At issue is not the number of signatures. It is conceded there are enough for the Democratic and Independence nominations for McGrath.....It is a form issue as the petition says New York State Assembly-122nd District, instead of Member of Assembly.......
One GOP type told me the same matter has been litigated and the distinction will hold and McGrath is off.....Others weren't so sure.
Another opinion is the phrasing is not enough of a distinction so as to confuse signers so they wouldn't know what they were authorizing.
Since there were sufficient signatures, party members have legitimately expressed their desire for a candidate to run in the political subdivision known as the 122nd Assembly district. Therefore, my ruling is so as not to penalize the signers (it is, or should be, about them) the appellate court should at least order an opportunity to ballot for September 14.
An OTB is a write in primary in which no name appears on the ballot. This would protect the sufficient number of party members who did sign.
These decisions need to be about the voters and in the absence of a reversal, the OTB is clearly the best option as it allows voters in the two affected parties retain their franchise.
Isn't that what those folks at Valley Forge, Gettysburg and Normandy died at least in part for ?
55 comments:
interesting thought you have Jeff in the name of fairness. I believe Ritchie,Forsythe and Blakenbush got indy signatures but I did not hear you stand up for their people to be counted. Seemed like your party buddy made the choice. So in the sense of fairness what do you suggest.Oh thats right it is for poor Brian the attorney.
Yes Ritchie got almost 3x the amount Darrel but it wasn't poor Patty. Strange avenue you are traveling on mayor.
if you read the paragraph before you will find why it happened this way. Scheme to enrich, what deal was made for the indy nod.hmmmm
I just don't get how a judge to knock him completely off the ballot because he wrote that he was running for "New York State Assembly 122nd District." How would anybody think he's running for something other than what he's running for? That seems perfectly clear to me.
If it was not having enough signatures, I get it. But he didn't get knocked off for that, it was how he referred to the office? Nonsense.
these are legal forms that must be filled out correctly. Why did board of elections or June herself not proof to make sure? Rookie mistake. Brian sign up for town council and lets see how you do before starting right into the big leagues.Maybe June can pull some strings and get you on some lime. Sounds like it is write in or nothing. Good luck!
I didn't enact the Wilson-Pakula statute and I don't decide who gets an out of party authorization, therefore your antipathy is misplaced.
Quick life lesson from an old geezer: when people highlight form over substance, it means they have no substance.
Mr. Blankenbush seems to be the master of form.
CORRECTION - Ken did NOT turn in enough Indy Party signatures, not even close. Continuing to repeat that won't make it true.
I respect old geezers. But don't attorneys regularly get people off on some sort of technicality? Imagine an attorney getting it handed right back to him. Just a thought.
Quick update. Why would he waste his time when Mackay gave the nod 1 week before turn in time? Should not the voters had a chance to pick the candidate? No that makes too much sense
The so called legal precedent regarding the significance of the word, doesn't say what y'all keep saying it says. And the one case Ken relies on for this bs argument isn't worth the paper it is printed on and is in noway controlling on an appellate court. I'd bet my life savings that the appeals court reverses this politically motivated and non-supported opinion by the corrupt former Republican executive of Renn. Co.
But that won't stop you loyal GOP'ers from proclaiming this race over and toasting tonight at how smart you all are. Can't wait to see the looks on your faces when that decision comes down. Honestly, you think an honest appeals court is going to prevent a vote because of one meaningless word? Good luck with that.
As for him not being qualified, um, right town council solves that. Right. People want new people. Face the facts folks. If that wasn't true, Ken wouldn't be fighting like hell to keep the voters out of this race.
I see 9:04, Ken meeting voters at their doors is a "waste of time.". Well, now I understand why he doesn't want voters to get a vote. That would be the ultimate "waste of time" afterall.
Republicans, get over this simple fact that the Mayor spelled out clearly: voters shouldn't be denied a choice because of a single word.
Nonsense.
Other Dems in the last few years ran for the 122nd and did the petitions correctly. Karl Williams and Andy Byrnes come to mind and they weren't lawyers, either. It looks like McGrath simply wasn't paying attention.
Aren't the rules for everybody? Blankenbush had that "meaningless" word in his petitions. Are the rules only for him?
9:16 0 I forget, where is your law degree from? Why not read the actual election law. It does NOT require the word "member. But it's nice that you think it does. Again, just by continuing to repeat that it is a rule applicable to everyone will not make it true, or, more to the point, the law.
Oh, and, perhaps you forgot that that little body known as the Board of Elections, you know, the ones who write those "legal forms" and specialize in the law here, ruled McGrath's petitions to be valid. Oh, but I guess because you now have a crooked court ruling, the BOE's rulings are meaningless.
Honestly, with all the issues this district has by way of job loss and general struggles, you would think the human in you, perhaps the Christian in you would step back and realize what we should be talking about. But I guess that is too logical and too Christian to do.
Jeff says the Dem signers weren't confused by the mistake. That is an opinion.
I think they were very confused. They didn't have a clue. They thought they were signing for President of Facebook.
Amen to that 9:27!
Nobody is talking about one other thing - apparently Ken's lawyers screwed up how they filed their lawsuit - messed up McGrath's address, tried to fix, but screwed that up too. That likely could spell doom for all of Ken's fancy footwork to avoid voters.
Oh, and let me hear from the people who say rules are the rules now. Ken didn't follow them when he filed his lawsuit, but I guess we should ignore that, because we have a chance to ignore voters and let Albany win.
Sad, this whole thing is just sad.
Oh now we're really screwed. Now it's about Christianity. Actually, the Druid in me won't let me see it your way- plus I don't have my head up my butt.
As for what the law says- it says you must state the position you are running for. McGrath did not do that. He stated the Assembly District- he did not state that he was running for a member of that district as the law requires...and as Blankenbush did.
I seriously doubt that anyone who signed McGrath's petitions didn't know or undersetand that he was running for the Assembly to represent them in that body in Albany and NOT to be a clerk-typist down there.
Blankenbush and his operatives should be ashamed.
9:33, is that true, Ken's lawyer's screwed up the papers on his lawsuit? Oh boy, talk about pot calling kettle black you partisan Republicans. Aren't rules for everyone? Didn't you just say that? Hum, didn't you? Right, dodge and weave fellas, dodge and weave now. Anything to keep the voters out of this choosing. Elections by voters is so overrated.
Amen Dan Francis, amen.
Oh, and you keep changing what McGrath's petition said - I saw it because I signed it! It said he was running for "New York State Assembly - 122nd District" But agian, like you do with everything else, just keep repeating it wrong in the hopes that it will make it true.
you make me sick.
Nice, insult Christianity now Republicans. You really will say anything won't you.
What would Palin think of you dissing her God?
9:43 - Its TRUE, and I am told it is an excellent basis to REVERSE the idiotic trial court ruling. You know, because rules are rules...
9:43pm- You make our point. Wkat he wrote describes a district. it does't say he is running for a MEMBER of that district.
if you are ill, get a barf bag.
Go ahead an mock Facebook all you want 20th century GOP. Its the 21st century, and we don't want your typewriters anymore (or your bigotry for that matter).
Right how would we know he wasn't running for dog catcher in the 122nd District if he didn't use the word "member". Oh, and let me check Ken's website, oh look, he doesn't use that magical word member there. Hum, is he running for dog catcher? I am so confused now.
I don't need a barf bag, I'd rather barf all over your hypocrisy.
9:50 - OMG, you are RIGHT - Ken's Website says at the bottom, and I QUOTE:
"Ken Blankenbush for New York State Assembly" (oh, don't worry Ken, I took screen shots, so even if you try and change it now, I have the proof).
No magical "member" word. Wow, he is just pathetic. I actually wouldn't vote for him for dog catcher at this point.
Someone has typewritophobia.
Now knock it off. I oppose McGrath and it has nothing to do with sexual orientation. you shouldn't hide behind that any more than others should use it against him.
aOld geezer back - unreal, I just visted Ken's website (yes, I know how to use the internet). He literally states that he is running for exactly what McGrath said he was running for, I mean, literally word for word.
I've been around the block a little too long not to see manure when I see it. Ken's moves are just plain manure.
Go get um young McGrath.
You have lost control of your emotions. You are now equating a website with a legal petition.
Sad, very sad.
um, why is that sad? Isn't the point of his website to tell them what he is running for and why?
You are sad, very, very, very sad.
These back and firth comments from operatives in Albany make me laugh, well, until I cry at how screwed up our state government is. I'd never want to be a "member" of that club.
But Ken apparently wants to keep it "members only" because he already has the jacket from 1980. Whether it fits...
Sorry it took a while. Just showered and got your stupid off me. Now I'm going to bed.
Pleasant dreams...maybe you're petitions will look better there.
Oh, and I'm no Albany operative.
Good night Rick Lucas.
Maybe Ken's flawed legal papers will look better in your dreams? Funny how none of you have responded to that point, you know, with y'all being such "rules apply to everyone" and all....
Kennyboy is just another corrupt politician. You can put any shade of lipstick on this pig, bit it's still a pig wearing a members only jacket.
Bla bla bla to all of ken's sad arguments about how important rules are. He couldn't write his own agenda, and his lawyer couldn't even write his own lawsuit right.
Oink, oink, oink
You people are sad...the seven or so people who actually post this crap on both sides night in and night out...wow you need to get out more.
In my opinion, and it carry's the same weight as yours Mayor, there cannot be two sets of rules for running for office. If one candidate followed the rules then the other should be bound by those same rules. This media spin that Brian McGrath and his supporters are putting out there is a last ditch effort to swing some sympathy...remember, Democrats (Aubertine, Owens...) need Dems to vote in AD 122. This sympathy campaign keeps the story alive for another few days and will, in their minds, hopefully will spur turnout. I'm not convinced that will happen come November...people haven't tuned in totally to state-races yet.
This story should only have a few more days left to it...then the Appellate ruling, probably upholding the previous court ruling and that's that. Mayor, I know you love drama and stirring the pot, but let's move on huh?
Mayor got to give you credit. By twisting these values a certain way it leads some to bitterness and just forget the facts. Then it becomes I hate him/her and nothing more.Fact was petitions were ruled invalid. Why would board of elections say there was no mistake? maybe because they did not want to admit one.Fact you think the people who signed petitions shoul have their vote cast.On the other hand you think it is ok for someone to get 3x the signatures required over the opponent but 1 person decides.This does make for good discussion but seems a little 1 sided. Question did you carry petitions for Mcgrath and if yes approx how many sigs. did you get. It is 2 part question eg yes,3 or no 0 not a long explaination.
12:19, 7:43 -
You forgot to address the two sets of rules point when it comes to Kens flawed legal papers. He screwed them up in a number if ways that normally would get them thrown out by a court.
Rules are rules, right? Or does that just apply when you want to screw voters out of the right to vote?
Shame on you!
In 2010, I signed no ones petition but I did witness Appx 11 signatures for McGrath...The same number for Ritchie.......and considerably more for Doheny,Aubertine,Russell and Burns. I also got a few sheets for a couple of the independent line Gubernatorial. I cut back considerably from previous years.
How many did you get and for whom, 7:43 ?
Wow, the Mayor of the city of Watertown actively solicited signatures for the Jefferson County Legislature Chairman's opponent in this Assembly race...you really have no loyalty at all do you Jeff? This kid comes up here, shows you a fancy facebook page, has June O'Neill pat you on the back a couple of times with Ron McDougal at her side and you're out there working for him.
Wow, you sir are as self-serving as anyone we have in Albany.
909 - I could be wrong, but I don't believe Ken Blankenbush is an attorney, so he wouldn't have put together his legal papers. If there was a flaw that would be on whoever he has hired to represent him. That is a big difference between McGrath's petitions being mislabled (something an attorney should look at...McGrath is an attorney) and these alleged errors. I can't say that I've seen the court documents so I don't think you've got much here and the suit was heard, so probably you're swing up stream here.
This blog says it all - Blankenbush "man up" and I could add "grow up"
http://www.watertowndailytimes.com/article/20100809/BLOGS09/100809830/-1//BLOGS09
Oh please, the Watertown Daily Times and Jude Seymour have been in the bag for McGrath and Dede since day one. They'll print any sob story McGrath sends their way.
I like what the guy said around midnight last night on here...how sad are you people. Move on, McGrath didn't triple check his petitions for signatures or the basic wording...that's on him. Not to mention that he only got 1/3rd or so the number of signatures his opponent got. That's the story, the rest is spin.
Thanks Ken, or is this post by Rick Lucas?
Um, the story is that he got the requisite number of signatures and his petitions were found valid by the Board of Elections. The rest, Ken/Rick, is just spin.
Wait 10:45, just because a candidate didn't use the word member, I get penalized by not getting a right to vote. Yes, I am a sad person if that is the case.
A friend of mine told me about this blog today and how ridiculous the arguments are to kick a new fella off rhe ballot for one word.
Get a life Ken, this is exactly what I hate about Albany. Grow a pair and face this guy fair and square and let us decide who has the cojones for this job. You haven't gotten off to a good start with this crap.
Oh, and I am a Lewis County Republican, opposed to gay marriage, but would vote for this guy. He seems to have cojones.
Sure, you are 1126...sure you are. I'm pretty sure everyone on this blog who claims to be from this or that group actually are from the opposite. I'd guess you were from DACC or the McGrath campaign outright...something is fishy. So sad that our elected politics have come this far...can't wait til November.
Wrong, I am a Republican from lewis County, but I don't care if you believe me or not.
Newzjunky has posted a copy of the ridiculous decision of the Albany Judge. It is a very sad ruling for voters.
Attached is a link on Newzjunky to the disgraceful ruling trying to take away our right to vote.
http://www.newzjunky.com/court/100809mcgrath_appeal.htm
Technicalities allow the corrupted and crooked to go free.
The address thing you jokers keep talking about... the judge through that out. clreical errors don't matter. Then he ruled against McGrath. You lose. Get over it. Understand the issues.
All you are doing is spinning.
"I'm a Republican from Lewis County." Big deal- most of McGrath's family is Republican.
It's clearly a case of "it's all over but the shouting." Shout on- but it's finished.
427 - smartest thing I've read on here all day.
FYI, David Kimmel was booted from the Republican primary ballot in the 114th district for exactly the same reason.
And Kimmel had considerably more signatures than McGrath: over 1200.
So this is more than just an isolated incident. I wonder if it has happened elsewhere in the state too.
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