City and State here interviews Gerard Kassar, the state chair of the New York Conservative Party. Kassar believes that the lawsuit now pending in state court in Niagara County will result in a decision that the Public Funding Commission has no authority to change state election laws. Kassar also noticed that the nine Commissioners didn’t even take an oath of office.
The lawsuit has an oral argument on December 12, Thursday.
Were the 9 Russian/Chinese agents ???
ANY taxpayer cash for the Comm HACKS ???
ANY freedom folks attacking the Fed/State/local minority rule gerrymanders in NY in the courts ???
The vote on the commission in favor of the proposal was 6-3.
Well, I thought the Finance Commission’s decision was just a recommendation, albeit one that was going to be firmly pushed in the Legislature once it convenes in January.
No, the Commission has the authority to place its recommendations into law, unless the legislature vetoes it. But whether it violates the New York Constitution for the legislature to give such power to the Commission is the main subject of the pending lawsuit.
The minority leader of the Assembly, the minority leader of the senate, the two Republican members of the SBOE, and the two Republican members of the commission, all who are named defendants have filed cross complaints, IIUC, that the legislature did not have authority to create the commission.
The plaintiffs seem to be a bit more nuanced. While the legislature might delegate some regulatory authority, they can’t amend laws passed by the legislature. The Working Family particularly stresses fusion.
The defendants claim that they did not change the fusion laws. I guess Demo Rep will still be permitted.
It sounds like the commissioners might not have sworn in. I always thought one of the purposes of an oath were to focus your attention. Maybe the commissioners weren’t intent on upholding the 1st Amendment or Equal Protection.
A little thought exercise. Let’s say for argument’s sake that the commission had authority to legislate qualification standards. Then look at their rationale on page 14 of the commission report. If a party like the Libertarian or Green party sued could the state position be upheld? Isn’t it up to the voter to decide what values a party espouses, and not have the state enforce orthodoxy?
IF the NY gerrymander oligarch hacks can do the Comm machination, then can they do it for ALL other NY LEGISLATURE stuff.
— DIIRECT subversion of 4-4 RFG.
NO oaths = DIRECT subversion of USA Const VI- cl. 3.
Will Trump declare that NY is in rebellion against the USA ???
— excuse to stop NY Trump taxes mess.
Students –
The USA oath law was LAW O-N-E in 1789.
Means ZERO to the LAWLESS HACKS in NY.
https://www.heritage.org/constitution/#!/articles/6/essays/134/oaths-clause
@DR,
The sovereign people may apportion legislative authority however it pleases them.
You are not going to claim that local self government is a violation of IV.4 are you?
Anyone interested in filings can find them on the New York Court Sytem website.
https://www.nycourts.gov/
Click on e-COURTS
Click on WebCivil Supreme
Click on Party Search, and check that you are not a robot.
Specify Party Name as
Hurley for the WFP suit or
Jastrzemski for the Conservative suit.
Select court as
Niagara Supreme Court and search.
You will get a new page with a list of one cases. Click on that.
You will get a list of a bazillion lawyers, representing the bazillion parties, at the very bottom, click on Show eFiled Documents
JR –
More hair-spitting NONSENSE from you.
Could the NY Const say that ALL legislative power in NY was in the Great Leader [having ALL legis, exec and judic POWERS) ???
What part of the NY Const allows APPOINTED comms [full of robotic HACKS] to have ANY legislative power ???
14-2 even more subverted ???
NY 1894 Const , as amended 1 Jan 2015
ARTICLE III
Legislature
[Legislative power]
Section 1. The legislative power of this state shall be vested in the senate and assembly.
——–
Plain enough for JR ??? — GIANT hair-splitting loopholes ???
Gerrymander Comm — EXCEPTION
§5-b. (a) On or before February first of each year ending with a zero and at
any other time a court orders that congressional or state legislative districts
be amended, an independent redistricting commission shall be established to
determine the district lines for congressional and state legislative offices.
The independent redistricting commission shall be composed of ten
members, appointed as follows:
[[ now standard gerrymander stuff ]]
@DR,
Article IX.
Have you had a chance to read the Conservative brief?
What parts of Art IX [Local govts in NY State] ???
Many sections –
lots of mentions of the NY legislature and ITS laws.
Jr wrote — Have you had a chance to read the Conservative brief?
—-
Which EXACT brief ???-
zillion docs already filed — by lawyers getting XXX dollars per second.
—
https://iapps.courts.state.ny.us/webcivil/FCASeFiledDocsDetail?county_code=aNWOUdU0jDu7iFDTKtqX6w%3D%3D&txtIndexNo=mibBP3fNmP86OIKBZlSlcQ%3D%3D&showMenu=no&isPreRji=N&civilCase=Hd5kizT%2FqylW9E5NGC0T9Q%3D%3D
—-
The average BAN reader is NOT a legal researcher.
ALL docs should have a plain english link if possible.
https://www.niagara-gazette.com/news/local_news/local-voters-officials-sue-for-fusion-voting/article_afd96f4c-3cf4-538e-af66-5fefbe31a9c8.html
July 2019 news story about the NY WFP – Cons cases
— more delays likely due to actual Camp Comm report and pending Cuomo / NY legislature machinations.
@DR, the Conservative complaint is #2.
Article IX, how about legislative bodies.
Need Indiana Jones to always decipher JR ???
Legislative bodies in local govts enacting local ordinances — since 1607 VA ???
@DR,
You provided the link to the Conservative case. Items are numbered. #2 is the Complaint by the Conservative Party. I scanned the long list of documents and I don’t think there was an amended complaint.
If you look up the Working Families Party case (plaintiff “Hurley”) the complaint includes the 3 opinions that purportedly establish constitutional protection of con-fusion voting in New York. They don’t exactly do so.
You may know this, but in New York, a “Supreme Court” is a trial court, often called a district court elsewhere. The plaintiffs in this case are voters in Niagara County. There is an appelate division of the Supreme Court, and then the Court of Appeals which is New York’s highest court. This case will undoubtedly be appealed.
The issues to be resolved are to what extent the legislature may delegate law-making authority, and whether the commission exceeded that authority or did so in a way that violated the constitution.
The IRS issues regulations, the FCC issues regulation, the FEC issues regulations. The regulations are exercise of legislative authority delegated by Congress. They can’t go outside the scope of that authority, and Congress can override the regulations, but it is not correct to say that regulatory law is not law.
@DR,
New York after being acquired from the Dutch was a royal fiefdom. It is named after the Duke of York, who later became James II, he of the diverse evil councellors (it really should be renamed, just like institutions named after Jefferson Davis are being renamed).
Through most of the 19th Century, the legislature provided for city charters. If a city was divided into wards (gerrymandered to you), the legislature would pass a law. From time to time, the entire city charter would be recodified. Because cities in New York are creations of the legislature, there are really few cities in New York, and the last was created in 1942.
At one time, changes to charters were kept with the session laws. Later they were removed to a section for local laws.
Article IX was added in 1938 which created local home rule to cities, counties, towns, and villages, delegating legislative authority to the municipalities. The scope of that legislative authority is limited to the jurisdiction and may have restricted subjects, but it is nonetheless legislation.
Local regimes enact local stuff — NOT **** STATE L-A-W-S ****.
Reg agencies enact regs — NOT **** STATE L-A-W-S ****.
—
NY again–
NY Gerrymander Comm — EXCEPTION [above]
§5-b. determine gerrymander lines ==== a State L-A-W.
How soon can the NY Ct Apps [NYS supreme court] get the mess ???
@DR,
On what legal basis are regulations issued? Who delegates the authority to them?
On what legal basis are local laws ussued?
OBVIOUSLY — STATE L-A-W-S ENACTED BY *** STATE LEGISLATURES ***
AND DIRECTLY VIA STATE CONSTS IN SOME STATES [DEPENDING ON EXACT CONST TEXTS — SUCH AS LEGISLATIVE LOCAL CHARTERS AND LOCAL ORDINANCES AND STATE OR LOCAL REGS — AND EVEN STUFF LIKE STATE GUVS CHANGING STATE EXEC BRANCH ORGANIZATIONS — IN MORE RECENT STATE CONSTS]
— NOT APPOINTED HACK COMMISSIONS
—
NY 1894 Const , as amended 1 Jan 2015
ARTICLE III
Legislature
[Legislative power]
Section 1. The legislative power of this state shall be vested in the senate and assembly.
ZERO MENTION IN THE NY CONST OF THE CUOMO CAMP FIN COMM FULL OF APPOINTED HACKS HAVING ANY P-O-W-E-R TO ADD/AMEND/REPEAL ***STATE LAWS***.
How soon can the NY Ct Apps [NYS supreme court] get the mess ??? — AND HELP JR DECIPHER CON LAW 00000001 ABOUT ***STATE LAWS*** ???
Demo Rep- you sure know how to make friends and influence people!
CL – resident MORON / pre-skoool juvenile — with NO toys ???
— with just PUTIN orders to be one more obnoxious juvenile delinquent / troll / useless/useful idiot — with X posts quota ??? Solve for X.
Hmmm…Does Demo Rep happen to be a member of the Citizens for a Better Veterans Home?
Special pre-skooool civic/govt class absolutely needed for the various juveniles on this list ???
CL, EG, etc etc etc etc
Hourly tests, study halls, enforcer teachers, etc etc.