,CANNED
ON
71212012
1
SUPREME
COURT
OF
THE STATE
OF
NEW
YORK
COUNTY
OF
NEW
YORK
In the Matter of the Application
of
X
"---__----"__"--r"__l---ll--l-l-----ll-
ADRIAN0 ESPAILLAT,Petitioner-CandidateNoter,Index No.VERIFIED
VALIDATING
PETITION
-against-THE
BOARD
OF ELECTIONS
OF
THE
CITY
OF
NEW
YORK
Respondent,
andCHARLES
RANGEL,
CLYDE
WILLIAMS,
JOYCE
JOHNSON,CRAIG
SCHLEY
Respondent-Candidates,
l
andTHE POLICE DEPARTMENT OF THECITY
OF NEW
YORK
Respondent,For an Order, pursuant to Sections
16-
106,
16- 112
and
16-
1
13
of the Election
Law,
directing the preservation
of
all
ballots
cast in
the
Primary Election held
on
June 26,2012 for theDemocratic nomination
for
the
position
of Member
of
Congress,13
h
Congressional District in
the
State
of New
York,
and
invoking the
court's
jurisdiction to rule on the castingorcanvassing, or refusal
to
cast
or
canvass,
any ballot
as
set
forth
in ElectionLawSection 16-106 (1); preserving Petitioner's rightsunder Article
9
of
the Election
Law
and
Section
16- 1
13
of
theElection
Law,
and
related sections
of
law; declaring Petitionerthe lawfully elected candidate in this election.
fcT
X
-___"111__11-1__--1_------3---------lr-
~
PETITIONER respectfully
alleges:
1
TO
THE
SUPREME
COURT
OF
THE
STATE
OF
NEW YORK:
Petitioner Adriano Espaillat, by his attorneys
Stoll,
Glickman
&
Bellina,
LLP, respectfully
alleges
as
follows:
I
1
Supreme Court Records OnLine Library - page 1 of 9
1.
2.
3.
4.
5.
6.
7.
8.
9.PRELIMINARY
STATEMENTOn June
26,20
12, Democrats in the newly constituted
1
3‘h Congressional District in theState of New York went to the polls to vote for their nominee for Congress.Upon information and belief, in the hours after the election, Respondent Board
of
Elections reported to the campaign
of
State Senator Adriano Espaillat and, according topress reports, the Associated Press, that with
100%
of
the precincts reporting, Espaillat’sopponent,
Congressman
Charles Rangel, had
a
lead
of
6.6%
and approximately 2,300votes.Upon information and belief, the result reported by the
Board
of
Elections was not basedon
100%
of
precincts reporting, but
84%.
Upon information
and
belief, as media outlets were obtaining
more
precinct reports overthe next
12-
1
8
hours, the gap was rapidly and significantly closing. According to theAssociated Press, with 94% reporting the
lead
shrunk
to
2.6%
with just
an
approximately
1,000
vote lead for Rangel.Upon information and belief, the remaining
6%
of
precincts that have not reported are indistricts where Espaillat would expect to have more votes than Rangel.On May
29,20
12,
the Respondent Board
of
Elections published a “Notice to allCandidates” in the congressional primaries, stating, among other things, that the “canvassand/or re-canvass” of votes cast on the “Poll site Voting Systems” would commence on
June
27,2012 at
10
a.m.
Upon information
and
belief, no such “canvass
and/or
re-canvass” commenced on thatday.The “canvass and/or re-canvass” commenced at around
4:30
p.m. on
June
28,2012
in
both New
York
and
Bronx Counties.
The
process was initiated
by
inserting each portable
memory
device into a
computer
connectedto
a
central server, which produced vote totals for each candidate for eachelection district in
a
digitized format.
10.
For districts where there were no election night canvassed results the process representedthe initial canvassing
of
the vote.
1
1.
According to the Board
of
Elections
own
procedures
for
post election activities, and ofcourse the law, representatives
of
the candidates
may
observe the canvass
or
re-canvass,
2
Supreme Court Records OnLine Library - page 2 of 9
and reasonable effort must be made
for
such candidate representatives to ascertain theresults.12. Nevertheless, representatives
of
the Espaillat campaign were not permitted to observe thecanvasdre-canvass. Instead, they were kept
so
far
away from the activity that nothingmeaningful could be seen
or
heard
in both
county Board
of
Elections offices.
13.
Meanwhile, at the New
York
county Board office, other representatives
of
campaigns inother races were getting district by district break downs
of
election results.
14.
When Espaillat representatives requested information about the results, or
if
we couldstand close enough to
see
the computers the Board workers were working on, we weredenied.
15.
No further information about the canvass
andor
re-canvass
has
been
shared
with theEspaillat campaign. When
such
information
was
requested in writing, the campaign wasreferred to the Notice to All Candidates, which states that the canvasshe-canvass is tocommence at
10
a.m.
on June 27,2012.
16.
Given the inconsistencies
and
lack
of
transparency that have characterized the
post
election counting
of
votes, we ask the court for the relief sought herein.17. Petitioner Adriano Espaillat, a duly registered voter, resides at
62
Park Terrace
West,
New York,
NY
was entitled
to
vote
in the
Democratic Primary for Member
of
Congress,
U.S.
House of
Representatives, 13'h District
in
the Primary Election held on the
26'''
day
of
June,
20
12,
and was
a
candidate for the Democratic nomination for Member
of
Congress,
US.
ouse
of
Representatives, 1
3'h
District.
18.
Petitioner has standing to commence this proceeding pursuant to Sections 16-100,
16-
102, 16-106,
16-
1
12
and 16-1
13
of
the NewYorkState Election Law. This proceeding iscommenced pursuant to and in accordance with Article 16
of
said Election
Law.
19. Respondent Charles
Rangel
was
a
candidate
in
this election
for
the Democraticnomination for Member of Congress,
U.S.
Houseof Representatives,
1
3'h
CongressionalDistrict.
20.
Respondent Clyde Williams
was
a
candidate
in
this election for the
Democratic
nomination
for
Member
of
Congress,
U.S.
House
of
Representatives, 1
3'h
CongressionalDistrict.2
1,
Respondent Joyce Johnson
was
a
candidate in this election
for
the Democraticnomination for Member
of
Congress,
US.
ouse
of
Representatives,
1
31h
CongressionalDistrict.
22.
Respondent Craig Schley
was
a
candidate in this election for the Democratic nomination
3
L
Supreme Court Records OnLine Library - page 3 of 9
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Espaillat First Petition
Order to Show Cause, NY-13, State Sen. Adriano Espaillat petition against NYC BOE, NYPD, Charles Rangel and others
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