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Kellenr Aquila Filing

Kellenr Aquila Filing

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Published by: JimmyVielkind on Feb 02, 2012
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02/02/2012

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State of
New York
STATE BOARD OF ELECTIONS
~ames A. Walsh
tChair
Douglas A. Kellner
Chair
regon' P. Peterson
I Com~jssioner
IEvel~'n J. Aquila
i Commissioner !
i----~-._----------------.~T-~----~.
L~___________
40 STEUBEN STREET
ALBANY, N.Y. 12207
Phone: 518/474-6367 Fax: 518/486-4546
-----
Ii
------1---
_~..__~_.______
Todd D. Valentine
Executive Direelor
Robert A. Brehm
Executive Director
Kimberl~' A. Galvin
Special Counsel
Paul M. Collns
Deputy Counsel
February 1,2012
Hon. Gary L. Sharpe
United States Distiict Court
for the Northern District of
New York
James T. Foley United States Courthouse
445 Broadway, Room 441
Albany, New York 12207
Re: United States v. State of
New York, et. alCivil Action No. 1O-CV-1214 (GLS)
Dear Judge Sharpe:
Pursuant to this Court's Order of Janaury 27,2012 the State Board of
Elections was directed to provide theCourt with a proposed non-presidential federal piimary election calendar implementing the Court'sselection of June 26, 2012 as the non-presidential federal primary date.
As Your Honor is well aware, the State Board of Elections is comprised of
four (4) members and pursuant
to Election Law §3-1 OO( 4) an affirmative vote of three (3) Commissioners is required for any Board action.
As there is not agreement among the Commissioners as to all ofthe statutory and administrative election-related deadlines which should be set by the Court in any Order implementing the Court's Janaury 2ih
Decision and Order, I must file, on behalf of Commissioners Aquila and Kellner the enclosed Proposed
Calendar for the 2012 Non Presidential Primary Election. As Your Honor can see, there is some agreement
within the State Board as to the actual movement of dates where those dates are simply triggered by a
number of days back from the primary. Where there is disagreement is in the role of
the State Board, as anadministrative agency, in proposing to the Court changes in state statutes to accommodate the requirements
of
the MOVE Act.The enclosed enclosed Proposed Calendar for the 2012 Non Presidential Primary Election submitted onbehalf of Commissioners Aquila and Kellner presents to the Court their best estimate as to what statestatutes must be superceded and offers to the Court their views as to the manner in which they should be
superceded. Perhaps the best example of this is in the diminution of
the number of days for circulatingdesignating petitions, the proportionate diminution in the required number of signatures which must be
collected and the expansion of the filing dates to accommodate Passover. The goal of
the Aquila/Kellner
Calendar is to provide the Court with workable dates which, if adopted, will result in a successful effort at
 
MOVE Act compliance in the June 26th Non Presidential Primary Election. It is the view ofCommissioners Aquila and Kellner that in some instances, merely moving dates back from the primarydate is insufficient to accommodate full MOVE Act compliance, and there must be some compression ofthe time frames to allow for full compliance, nothwithstanding that the State Board, as an administrativeagency lacks legislative authority.
Commissioners Aquila and
Kellner view your charge to them as one requiring them to present you withtheir best judgment as to how to what changes must be made to ensure the June 26th Primary is conductedin such a fashion as to be to fully MOVE Act compliant.The Kellner/Aquila Calendar sets forth the totality of election events that occur leading up to each federalprimary election in that takes place in New York State. It also contains specific dates as suggestions to the
Court as to how the primary may be best run, given the short period of
time between now and June 26th. Itis the belief of Commissioners Aquila and Kellner that in order to go from a primary calendar whichpreviously required absentee ballots be sent out thirty-two (32) before the primary to one in which the
military and federal voter"s ballots are sent out forty-five (45) days in advance of
the primary there must besome time compression of the events leading up to the primary and their proposed calendar makes specificproposals in that regard.As always, we stand ready to assist the Court and the parties in any way that we can.Paul M. CollinsDeputy Special CounselBar Roll No.1 01384
 
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF NEW YORKUNITED STATES OF AMERICA,
1 O-CV -1214
- Pl ainti ffs,
-against-
AffidavitTHE NEW YORK STATE and
THE NEW YORK STATE BOARD OF
ELECTIONS,
-Defendants.STATE OF NEW YORK)
s.s.
COUNTY OF ALBANY)
ROBERT A. BREHM, being duly sworn deposes and says:
1.
That he is the Co-Executive Director of the New YorkState Board of Elections ("State Boardn) so appointed by theDemocratic Commissioners of the State Board, Evelyn J. Aquila
and Douglas A. Kellner.
2.
That he makes this Affidavi t to explain the
circumstances which lead to the filing of the "Kellner/AquilaProposed Calendarn attached hereto as Exhibit "An in response to
the January 27th Order of this Court.
3.
Commissioners Aquila and Kellner read the January 25th
Order of this Court as imposing upon the State Board theobligation of providing not just a proposed calendar but aproposed calendar that is viable and which points out to theCourt those areas of state law which must be superseded and

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