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Thank you for your prompt and detailed reply to my letter.
Frankly, I was not paying much attention when Mr. Jerry Kassar stood
up to challenge the Opportunity to Ballot petition. I was thinking
about my own case, which was about to come up, and trying to watch my
baby. I hardly remember what was said. I do remember that Mr. Kassar
did all or almost all of the talking. His lawyer said little, if
anything.
It was only after I lost my two petitions for leave to appeal to the
New York State Court of Appeals last Wednesday that I reassessed my
situation and realized that my last chance to get on the ballot lies
in an Opportunity to Ballot Petition. Then, I remembered Mr. Kassar's
strenuous effort to knock out the Opportunity to Ballot Petition in
the Conservative Party.
Accordingly, I ask that you ask the Commissioners to schedule a
hearing on this matter (with notice to Mr. Kassar of course). This
would be appropriate because, as far as I am aware, nobody gets notice
of a hearing on an Opportunity to Ballot Petition, because there is no
candidate listed on the petition and therefore no petitioner. So, the
hearing was one sided, with just Mr. Kassar demanding that the
petition be knocked out and nobody to oppose him.
I think you already know the case law so I do not have to tell you.
The Chairman of a Party, any party, cannot challenge an Opportunity to
Ballot Petition. This Mr. Johnson to whom you refer was not at the
hearing. He did not appear. Only Mr. Kassar appeared along with his
attorney, who is General Counsel to the Kings County Conservative
Party. Who paid the fees of this attorney? Did this Mr. Johnson pay? I
doubt it, since Mr. Johnson did not come to the hearing. If Mr. Kassar
or the Conservative Party paid, this may constitute a criminal offense
of misuse of party funds.
It is so obvious that anybody will realize it, that this "Mr. Johnson"
is not a concerned "citizen objector" seeking to do his public duty
for the common good, by having the primary election cancelled. The
actual objector is Mr. Kassar. Mr. Johnson is just a front. Mr. Kassar
wants to keep control of his party by making sure that only the
persons he designates gets on the ballot. It is precisely because the
Chairman of a Party would want to keep the party under his personal
control to the exclusion of the voters and the other members of his
party that New York State Law prohibits the Chairman of any Party from
objecting to an Opportunity to Ballot Petition.
The relevant case law is: Davis v. Dutchess County Board of Elections
153 AD 2d 716, 544 NYS 2d 683 (1989 2d Dept.), Matter of Crawley v
Board of Elections of County of Rensselaer, 218 AD2d 914, 915, lv
denied 86 NY2d 704; Matter of Maltese v Anderson, 264 AD2d 457; Matter
of Grogan v Conservative Party of N.Y. State, 77 AD2d 736, 736-737),
Soda v. Dahlke, decided August 18, 2004,
http://www.courts.state.ny.us/reporter/3dseries/2004/2004_06380.htm
In short, this Mr. Johnson is obviously a front man. The actual
objector is Mr. Kassar. Mr. Kassar has committed a fraud on the other
members of his party, on the Board of Elections and ultimately on the
voters by putting up this front man to play the role of objector, when
Mr. Kassar, who is barred from this activity, is the real objector.
I ask the following:
1. That the Opportunity to Ballot petition be reinstated.
2. That Mr. Gerard Kassar be barred from holding office in the
Conservative Party. (This last result, although extreme, was invoked
in a similar case in Nassau County two weeks ago and was affirmed by
the Appellate Division, Second Department, last week, as you must be
aware.)
Since the only remaining date for a hearing is September 7, 2004 (my
birthday) I ask that you seek to have a hearing scheduled on that day.
If that is not possible, please inform me as soon as possible so that
I can file a petition in court.
Very Truly Yours,
Samuel H. Sloan
At 02:26 PM 8/30/2004 -0400, Steven H. Richman wrote:
Mr. Sloan: Please note that Ernest Johnson, an enrolled member of
the Conservative Party residing in the 10th Congressional District
was the
citizen objector to this OTB Petition. Mr. Kassar appeared in the
proceeding as the Objector's Contact Person and the attorney was
representing the Objector Any request for reconsideration If
the
full Board approves such a request, then a hearing has to be
scheduled with
notice to all parties to the proceeding. See Rule J6 of the Board's
Designating/Opportunity to Ballot Petition Rules for the September
14, 2004
Primary Election (adopted May 4 and 11, 2004). Please note that the
Board
is not scheduled to convene again until Tuesday, September 7, 2004.
Steven H. Richman General Counsel Board of Elections in the City
of New
York
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On 31 Aug 2004 13:15:56 -0700, sloan@ishipress.com (Sam Sloan) wrote:
[..................................]
Sam, why on earth do you think that anyone gives a crap?
Stop wasting bandwidth with your overlong me! me! me! postings.
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From the menu bar:
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That's all there is to it. Live in peace, without Sam's "I was driving Vice
President Lon Cheney ... [blah blah blah]." insanity.
Alarmingly, there are enough people who really hate the USCF and would like
to see him elected to the board, if only as a saboteur.
--
Tom Klem
"For as this appalling ocean surrounds the verdant land, so in the soul of
man there lies one insular Tahiti, full of peace and joy, but encompassed by
all the horrors of the half known life. God keep thee! Push not off from
that isle, thou canst never return!"
---Herman Melville, Moby Dick, Ch. 58
On 31 Aug 2004 13:15:56 -0700, sloan@ishipress.com (Sam Sloan) wrote:
[..................................]
Sam, why on earth do you think that anyone gives a crap?
Stop wasting bandwidth with your overlong me! me! me! postings.
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