The power of III

Summum ius summa iniuria--More law, less justice

27 September 2011

Powers that be in Westchester County, NY use dirty tricks to keep Libertarians out of election

This is how things really work behind the MSM facade in the Land of the Free:

Verbatim letter from party chair to Libertarian Party mailing list in Westchester County, NY, just north of NYC:

This morning, I appeared in Supreme Court, Westchester County, to support our Westchester Libertarian candidates for Town Supervisor and Town Councilmembers in North Castle (Armonk), New York.

Even though they submitted sufficient signatures to qualify for a Libertarian line, a challenge was filed to nullify the petition because one of the witnesses (Howard Arden) previously signed a Republican pertition. While such action would have previously disqualified the signatures he witnessed, the relevant statute was changed in July 2009 such that now one only has to be a registered voter in NYS to witness signatures.

Nevertheless, on September 14, the Westchester Board of Elections disqualified 99 signatures Howard had obtained based on a law that was rescinded two years ago!

On September 14, Matt Rice called BOE and was advised that no decision was rendered. On Friday, September 16, he called and wrote to BOE and again was not advised that a decision had been rendered.

In fact, the BOE members and its attorney lied to Matt as a decision was rendered and snail-mailed to him on the 14th, which he received when he got home Friday evening, Sept. 16.

The statute requires that a court proceeding to overturn a BOE ruling be commenced within three days of the date of the determination. By mailing rather than faxing or emailing the decision, BOE acted to vitiate the time frame in which a proceeding could be commenced.

Having received the BOE petition, Matt Rice with input from Kerry Lutz, Gary Donoyan and me, worked over the weekend and on Monday, Sept. 19, only one business day after receipt of the determination, Matt Rice and Howard Arden filed an Order to Show Cause in Supreme Court. The Order was signed on Sept. 20 and served on the BOE and Objector per its terms on Sept. 21.

This morning BOE moved to dismiss the petition claiming it was served more than three days after the determination and that therefore its absurd ruling based on a law which is no longer in effect would stand.

Supreme Court Justice Joan Lefkowitz reserved judgment so that Matt and Howard would have an opportunity to submit opposition papers to the BOE's motion to dismiss.

As an aside, the Judge's clerk indicated that they believed we had a winning argument on the merits, but first we had to resolve the jurisdictional issue.   

It's rare that we see the tryanny of the Republican-Democratic duopoly manifest itself so blatantly as in this instance. I am advised that the members of the Westchester BOE answer directly to the leaders of the local political parties.

I thank those who have contributed generously of their money (Howard Arden, Willie Aponte, Carl Svenson, Michael McCarthy and one other) and especially Matt Rice for all his time and effort in this fight against those who will do anything to remain in power.

This particular battle is not over.

Mark Axinn

PS. As I will not be at Sunday night's teleconference, this constitutes the Chair's report as well.

How's that democracy thing workin' out for ya?

Can you wait 'til 2012?
Party activists want to make your visit to the polls memorable

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