Petition for a Writ of Certiorari in Sloan Vs Szalkiewicz and Board of Elections in the City of New York

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Publisher : Ishi Press
ISBN 13 : 9784871873819
Total Pages : 54 pages
Book Rating : 4.8/5 (738 download)

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Book Synopsis Petition for a Writ of Certiorari in Sloan Vs Szalkiewicz and Board of Elections in the City of New York by : Samuel H. Sloan

Download or read book Petition for a Writ of Certiorari in Sloan Vs Szalkiewicz and Board of Elections in the City of New York written by Samuel H. Sloan and published by Ishi Press. This book was released on 2013-08 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: Petitioner Respectfully Prays that a Writ of Certiorari issue to the Supreme Court of the State of New York, Appellate Division, First Department to review the decision of the Supreme Court of the State of New York dated August 9, 2013, Index No. 101087/2013, and the decision of the Appellate Division, First Department of the Supreme Court of the State of New York dated August 13, 2013 which denied the validation petition of the above candidates to be reinstated on the ballot after these candidates were removed from the ballot solely because their petition signatures had not been witnessed by enrolled Republicans. On August 21, 2013, the Court of Appeals of the State of New York denied the motion by Petitioner for Leave to Appeal to the New York Court of Appeals. The Candidate-Petitioners and their supporters circulated petitions to be placed on the ballot. Petitions containing more than 4500 signatures were timely filed by "Cindarella Time" which was midnight on July 11, 2013. As this filing was facially valid, petitioner-candidates were placed on the ballot. However, a General Objection was by one Sal Caruso was filed on July 15, 2013 followed by a Specific Objection on July 22, 2013. A hearing was held before the New York Board of Elections on July 30, 2013 following which these candidates were kicked off the ballot on July 31, 2013 for one reason only which was 3905 of these signatures had not been witnessed by enrolled members of the Republican Party. Rather the signatures had been witnessed by other voters including Democrats, Libertarians and Blanks. Petitioners filed a petition to validate their places on the ballot on August 1, 2013. A show cause order was issued requiring the objector and the Board of Elections to appear on August 5, 2013. On August 9, 2013 Judge Wooten denied the Validation Petition without opinion. Petitioner appealed and this appeal was heard by the New York supreme Court Appellate Division First Department which affirmed the decision of the Supreme Court without opinion. Petitioner then filed a motion for leavbe to appeal with the Court of appeals of New York. This was denied on August 21, 2013. This petition for Certiorari follows. This proceeding is brought under Election Law Sections 16-100 and 16-102 and other provisions of New York Law. Sam Sloan is a candidate for Mayor of the City of New York. Richard Bozulich is a candidate for Comptroller of the City of New York. Thomas R. Stevens is a candidate for Public Advocate of the City of New York. Supporters of the candidates circulated petitions and the requisite number of signatures were obtained to get on the ballot. The signed petitions were timely submitted to the Board of Elections in the City of New York. The Petitions complied in every respect with the election rules, including cover sheets and wording of the petitions. There were enough signatures, the cover sheet was done properly and the wording of the petition was correct. However, on July 31, 2013, all three of these candidates were thrown off the ballot after a hearing by the New York City Board of Elections for one reason only, which was that these were designating petitions for the Republican Party Primary, and the subscribing witnesses (not the signers) were not registered as Republicans with the New York City Board of Elections.

Motion to US Supreme Court for a Stay of Order of Board of Elections in the City of New York in Petition for a Writ of Certiorari in Sloan Vs Szalkiewicz

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Publisher : Ishi Press
ISBN 13 : 9784871873833
Total Pages : 116 pages
Book Rating : 4.8/5 (738 download)

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Book Synopsis Motion to US Supreme Court for a Stay of Order of Board of Elections in the City of New York in Petition for a Writ of Certiorari in Sloan Vs Szalkiewicz by : Samuel H Sloan

Download or read book Motion to US Supreme Court for a Stay of Order of Board of Elections in the City of New York in Petition for a Writ of Certiorari in Sloan Vs Szalkiewicz written by Samuel H Sloan and published by Ishi Press. This book was released on 2013-08 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: MOTION PURSUANT TO RULE 23.3 FOR STAY OF DECISION TO REMOVE PETITIONER-CANDIDATES FROM THE BALLOT This proceeding is brought under Election Law Sections 16-100 and 16-102 and other provisions of New York Law. Sam Sloan is a candidate for Mayor of the City of New York. Richard Bozulich is a candidate for Comptroller of the City of New York. Thomas R. Stevens is a candidate for Public Advocate of the City of New York. All are registered Republicans. Supporters of the candidates circulated petitions and the requisite number of signatures were obtained to get on the ballot. The signed petitions were timely submitted to the Board of Elections in the City of New York. The Petitions complied in every respect with the election rules, including cover sheets and wording of the petitions. There were enough signatures, the cover sheet was done properly and the wording of the petition was correct. However, on July 31, 2013, all three of these candidates were thrown off the ballot after a hearing by the New York City Board of Elections for one reason only, which was that these were designating petitions for the Republican Party Primary, and the subscribing witnesses (not the signators) were not registered as Republicans with the New York City Board of Elections. The statute which under the interpretation by the Board of Elections requires the mere witnesses to be Republicans is Section 132 (2) of New York Election law states: There shall be appended at the bottom of each sheet a signed statement of a witness who is a duly qualified voter of the state and an enrolled voter of the same political party as the voters qualified to sign the petition, and who is also a resident of the political subdivision in which the office or position is to be voted for. This provision was declared unconstitutional in the case Lerman v. Bd. of Elections of N.Y.C., 232 F.3d 135, 145 (2d Cir. 2000). This is explained in Dekom vs. New York, 12-CV-1318 (JS)(ARL). However, at the hearing of this appeal before the Appellate Division on August 13, 2013 and before a panel of the New York Court of Appeals on April 21, 2013, counsel for the Board of Elections and the Department of Law suggested that the Lerner decision has been overruled by the Maslow case, which is Maslow v. Board of Elections in City of N.Y., 658 F.3d 291 (2d Cir. 2011). Petitioner-Appellant contends that the Maslow case has nothing to do with the instant case because the Maslow Case was a test case for declaratory relief, not an actual case, whereas in the instant the petitioners have been trying hard to get on the ballot and have spent considerable money to do so, yet have been thwarted by an unwritten rule they had no way to know about. The First Amendment to the Constitution provides: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." Here the law clearly infringes the Constitutional Right "to petition the government." There have been several cases on this subject, but all of them have been federal cases. The subscribing witness rule was found unconstitutional in Kaloshi v. New York City Board of Elections, 02 CV 4762, 2002 WL 31051530 (E.D.N.Y. Sept. 6, 2002). This is a lengthy and reasoned opinion that declared the specific statute in question to be unconstitutional. This is the only reported case that deals directly with this statute. The main operative fact is it is undisputed that the petitioners collected 3905 valid signatures whereas only 3750 are required, except that these 3905 signatures were declared invalid because the signatures were not witnessed by Republicans. While there have been several federal cases related to this issue, there has never been a reported state case directly on this issue.

Appendix on Appeal in Sloan Vs. Caruso to Us Court of Appeals

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ISBN 13 : 9784871873857
Total Pages : 96 pages
Book Rating : 4.8/5 (738 download)

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Book Synopsis Appendix on Appeal in Sloan Vs. Caruso to Us Court of Appeals by : Sam Sloan

Download or read book Appendix on Appeal in Sloan Vs. Caruso to Us Court of Appeals written by Sam Sloan and published by . This book was released on 2013-12 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proceeding is brought under Election Law Sections 16-100 and 16-102 and other provisions of New York Law. Sam Sloan is a candidate for Mayor of the City of New York. Richard Bozulich is a candidate for Comptroller of the City of New York. Thomas R. Stevens is a candidate for Public Advocate of the City of New York. At the Hearing on the Order to Show Cause before Justice Paul Wooten on August 5, 2013, Defendant Board of Elections in the City of New York provided only one grounds for throwing the petitioners of the ballot. That ground was that under Section 132 (2) of New York Election law the subscribing witnesses to a Designating Petition must be registered to vote as a member of the Party whose nomination is being sought, and the subscribing witnesses were not Republicans with only two exceptions. Petitioners had submitted approximately 4500 signatures to run for election whereas only 3750 are required. (There are some differences in the count of the total number of signatures but all counts agree that more than 4200 were filed.) A few of the 4500 signatures collected were found invalid for various reasons including bad address or not registered to vote. However, a core of 3905 signatures were found to be good but invalid for one reason only which is that the Subscribing Witnesses to those petitions were not registered to vote as members of the Republican Party. In other words, had those 3905 signatures been witnessed by a Registered Republican Party Voter, then all three petitioners would be on the ballot. However, because they were witnessed by other voters, including Democrats, Libertarians and Blanks, those 3905 signatures were deemed invalid. Petitioner Sam Sloan is a long standing registered voter in the Republican Party and he also circulated and witnessed some of the petitions and signed one of the petitions himself. The petitions he witnessed were deemed valid but all or almost all of the others were deemed invalid on the ground that the subscribing witness was not registered as a Republican. Frankly, the petitioners are newcomers to this process and were not aware that there was any requirement that the signatures be witnessed by members of any political party. Had they known about this they might have tried to find witnesses who are Republicans but failing that they would likely have given up trying to run for election as finding any witnesses is a difficult task under any circumstances. Witnesses must sign a declaration equivalent to an affidavit under penalty of perjury and must be prepared to be subpoenaed to testify in court under oath. Obviously, not many people are going to be willing to do that. Now that the petitioners have found out the hard way that there is a rule as interpreted by the Board of Elections that says that petitions for Republican Party Candidates must be witnessed (as well as being signed) by REGISTERED voters in the Republican Party, petitioners contend that such a requirement is unconstitutional under the First Amendment right "To Petition the Government." It seems obvious that a requirement that the signatures to a petition of any type are deemed valid if and only if they are witnessed by Registered Republicans cannot be Constitutional. This is an infringement to the constitutional right "to Petition the Government."

In the Supreme Court of the United States Samuel H Sloan Vs Bank of America and Guide Dogs for the Blind Petition for a Writ of Certiorari First Appeal Case

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Publisher : Ishi Press
ISBN 13 : 9784871873666
Total Pages : 286 pages
Book Rating : 4.8/5 (736 download)

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Book Synopsis In the Supreme Court of the United States Samuel H Sloan Vs Bank of America and Guide Dogs for the Blind Petition for a Writ of Certiorari First Appeal Case by : Samuel H. Sloan

Download or read book In the Supreme Court of the United States Samuel H Sloan Vs Bank of America and Guide Dogs for the Blind Petition for a Writ of Certiorari First Appeal Case written by Samuel H. Sloan and published by Ishi Press. This book was released on 2013-07 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a petition for a writ of certiorari filed in the United States Supreme Court regarding the Estate of Michael Goodall, a well known and prominent chess personality and FIDE international arbiter and organizer, recognized by the World Chess Federation. Immediately following the death of Mike Goodall in October 2010, Bank of America moved to seize the entire Goodall Assets, even to the point of burglary, breaking into the Goodall mansion and stealing all of the property. Petitioner Samuel H. Sloan, Administrator of the Goodall Estate, filed a petition in Marin County Probate Court thereby forcing Bank of America to return the Goodall property. However, Bank of America filed a counter petition in San Francisco Probate Court to take over all the assets of the Goodall Estate, even though none of the Goodall assets were in San Francisco County. For the last nearly three years this case has been running in parallel in two different and conflicting courts with neither court willing to transfer the case to the other court because of the huge amount of money involved. This conflict has led to this case being filed in the United States Supreme Court.