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Amedore Memo

Amedore Memo

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Published by JimmyVielkind

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Published by: JimmyVielkind on Dec 03, 2012
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12/03/2012

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONTGOMERY--------------------------------------------------xIn the Matter of GEORGE A. AMEDORE, JR.Petitioner,-against- MEMORANDUMOF LAWIN SUPPORT OF THEOBJECTIONS OFPETITIONER AMEDOREGREGORY PETERSON, DOUGLAS KELLNER, JAMES WALSH, and EVELYN AQUILA, INDEX # 2012-887COMMISSIONERS constituting The New York State Board of Elections; and JAMIE M. DUCHESSI and TERRANCE J. SMITHCommissioners, constituting The Board of ElectionsFor Montgomery County, andC. VICTOR WORK and THOMAS F. TURCOCommissioners, constituting The Board of ElectionsFor Ulster County, and THOMAS J. BURKE and BRENT BOGARDUSCommissioners, constituting The Board of ElectionsFor Greene County, andMATTHEW J. CLYNE and RACHEL L. BLEDICommissioners, constituting The Board of ElectionsFor Albany County, andBRIAN QUAIL and ART BRASSARDCommissioners, constituting The Board of ElectionsFor Schenectady County, andMICHAEL J. AMATO, Sheriff of Montgomery County, and The Sheriff’s Department of Montgomery CountyPAUL VAN BLARCUM, Sheriff of Ulster County, and The Sheriff’s Department of Ulster County
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GREGORY R. SEELY, Sheriff of Greene County, and The Sheriff’s Department of Greene CountyCRAIG APPLE, Sheriff of Albany County, and The Sheriff’s Department of Albany CountyDOMINIC D'AGOSTINO, Sheriff of Schenectady County, and The Sheriff’s Department of Schenectady CountyCECILIA F. TKACZYK,Candidate for the New York State Senate46
th
Senate DistrictRespondents,For an ORDER, pursuant to Sections 16-102, 16-106, 16-112and 16-113 of the Election Law, directing the preservation of all ballots cast in the General Election held on November 6,2012, for the public office of State Senator for the 46th StateSenate District, in the County of Greene, Montgomery,Albany, Schenectady and Ulster and invoking the jurisdiction of the Court to rule upon the casting orcanvassing or the refusal to cast or canvass any ballot asset forth in Election Law 16-106(1) and preserving the rights of Petitioner(s) under Articles Five, Six, Seven, Eight, TenNine and Sixteen of the Election Law and Section 16-113of the Election Law and related sections of law; andpursuant to Section 16-100 of the Election Law, declaringPetitioner, Candidate the lawfully elected candidate in this Electionand ordering the certification of said Petitioner Candidateby Respondents Boards of Election.-------------------------------------------------------------------------------x
MEMORANDUM OF LAW IN SUPPORT OF THEOBJECTIONS OF THE PETITIONER GEORGE AMEDOREPRELIMINARY STATEMENT
Petitioner George Amedore, a candidate for the office of State Senate,46th Senate District, respectfully submits the following memorandum of law in
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support of his objections to three classes of items, absentee ballots, affidavitballots and ballot faces, viewed after opening. Such objections include issues asto the qualifications of the voter, the qualifications of the voter to receive a ballotand whether such ballot should be cast and canvassed, the prima facie invalidityof the absentee ballot application should have precluded issuance of the ballot,various apparent signatures that are not those of the voter and other objectionsitemized herein, followed by the legal basis and argument for the sustaining of such objections.
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STATEMENT OF FACTS
Petitioner, Amedore, by counsel objected to a universe of ballots inthe Counties of Montgomery and Schenectady. Petitioner made approximately665 legal objections to the casting and canvassing of the same number of ballots.
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The number of Petitioner’s objections in Schenectady County is 40, and13 in Montgomery, 31 in Albany, 115 in Greene and 466 in Ulster. The legalrulings on these specific objections will in the main also decide the legalobjections made by both parties in the entire race.
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Petitioner’s objections in these two counties principally divide intoquestions of law and a limited number of fact based determinations such assignature veracity and other issues that may require the taking of testimony fromexperts.
ARGUMENT
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Certain items required more than one objection to cover the legal defects in the iem sought o be voted.
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Counsel for the Petitioner urges the Court not to entertain what purports to be argument from any oneCommissioner or any County Attorney purporting to speak for the Board without determining that both Commissionershave sought the argument to be presented to the Court. Election Law 3-212 requires that all actions of the Board shallrequire a majority vote of the Commissioners. See also In the Matter of County of Nassau v. State
 
, 513309, 2012 NY SlipOp 07236 (3d Dept 11-1-2012) 
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