U.S. District Court Judge Raymond J. Dearie, a Reagan appointee, will hold another hearing in Credico v New York State Board of Elections on Tuesday, October 26, at 3 p.m. This is the case over whether Randy Credico should be listed twice on the New York state ballot as a candidate for U.S. Senate. Judge Dearie issued a 10-page memorandum on October 25 and found that New York state lacks any rational reason whatsover to treat Credico differently than someone who is the nominee of two qualified parties. But he stayed his own order until the October 26 hearing.
The memo says that printing Credico’s name on the ballot only once is not a severe burden. But it also says that the claimed state interest in not listing him in both columns (or rows, depending on whether one is talking of the New York city ballot or the ballot in the remainder of the state) is non-existent. The memo says the two parties each have their own line on the ballot anyway, so to refuse to list Credico in both lines is “absurd” and will cause voter confusion.
The purpose of the October 26 hearing is to see if it is true that it is impossible to give relief this election year, due to the fact that the election is only one week away.
Any ballot access cases going to be started on 2010 Election Day — or merely 1 second after the polls close ???
Considering it is less than a week before the voting machines would need to be sealed up and shipped to their polling places, it would be ridiculous if this judge decided to overturn a long standing law.
The logistics of rolling back an election in the EMS, regenerating election files, re-burning memory cards and iButtons, getting PDFs to the printer, having the printers (only two certified in the state) be able to print millions of ballots, testing those ballots (if not re-tested someone will sue over that), having the machines sealed and to the polling places, would be a nightmare! Not to mention the big counties are not going to be able to get it done, even if the printers can manage to get the ballots printed in time. There is just not enough time left.
It already cost millions to do it the first go round. Taxpayers of NYS should be screaming about this comedian wanting to cost them millions more just because he could not get a qualified nomination.
The rule is the same for everyone running in a non-qualified party. He knew the rules before he put his hat into the race (still questions about if he should even be on the ballot), and know he wants to cry foul because he can not get votes on his own merit.
NYS Residents do not vote for this guy! He is willing to cost taxpayers MILLIONS of dollars just to get his name on the ballot a second time. If the little whiner does not get his way he will sue for millions anyway.
In 1990, Minnesota reprinted all its ballots just one week before the November election. Also in 1990, the US Supreme Court forced Cook County, Illinois, to reprint all its ballots. The legitimacy of election rules is essential to the continued legitimacy of the government itself. It is priceless and well worth the extra expense. Look at countries in which civil war rages because elections don’t have legitimacy.
Poor Elizabeth, calm thyself! Do you work for Senator Schumer, who forced Randy Credico off the Democratic Party Primary ballot because he came short by a couple of hundred out of 15,000 signatures? Or do you work for the Board of Elections which took eight long years to comply with HAVA, and only after being dragged into it kicking and screaming like tantrum-ridden children? New York taxpayers like me are screaming that we have to pay the salaries of comedians like Board employees, all of whom are working there only because they’re party members (or is it apparatchiks?) with no other qualifications to speak of. We’re screaming because you rig the game and complain when anyone else even shows up to play. Go scratch where it hurts, Elizabeth.
# 3 How much of the GDP is for election stuff in a Prez year or a non-Prez year ???
More or less than 0.1 percent ??? — the cost to have some sort of alleged *democracy*
— when in fact ALL of the MAJOR election systems in the U.S.A. are EVIL and VICIOUS minority rule gerrymanders by the EVIL left/right party hacks.
P.R. and App.V. – before it is too late — which may be on the night of 2 Nov 2010 ???
Not surprisingly, the Judge continued the stay of his decision, buying BOE’s argument of the lack of time to change the ballots.
Nevertheless, it was important to bring the action, challenging a clearly unconstitutional statute which acts to bar fusion candidates of independent bodies in New York.
I was proud to be a co-plaintiff in the action and to be so ably represented by Gary Donoyan and Len Weinglass.
Mark Axinn
Chair, LPNY