STATE OF NEW YORK SUPREME COURT

COUNTY OF RENSSELAER

MARK A. EVERS, SR., ALAN T. MICHAELS, and ERNEST L. KERN AFFIDAVIT Petitioners, --against-INDEX NO.: ROBERT ASHE, LOUIS J. DESSO, JOSEPH F. STYCZYNSKI, and the Rensselaer County Board of Elections comprised of Commissioners LARRY A. BUGBEE and EDWARD G. McDONOUGH; Respondents.

MARK A. EVERS, SR. being duly sworn, deposes and says: 1. I am a Petitioner in this action and was a candidate for North Greenbush Town Supervisor on the ballot for the Independence and Conservative primaries conducted on September 13, 2005. 2. On the evening of September 13, 2005 I was engaged in a "get-out-the-

vote" effort to try to get enrolled Conservative and Independence party members to go to the polls and vote. I went door-to-door urging people to vote for me. 3. I took notes of who I spoke to and when and was shocked and

disappointed to learn after the election that many of the people I saw and spoke with at the homes on September 13, 2005 had cast an absentee ballot. 4. After the election I had an opportunity to examine the absentee ballot

applications of the "absent" people I saw in their homes on election night on September 13, 2005. 5. At approximately 6:10 p.m. on the night of the 13th I saw Edward and

Delores Long at their home on 14 Merry Hill Road. Both of them had informed the Rensselaer County Board of Elections that they would be on vacation in Florida from September 12, 2005

through September 19, 2005. Both of the Longs had their absentee ballot delivered to my opponent, Robert Ashe. 6. At approximately 6:25 p.m. on the night of the 13th I saw Kyle "Larry"

Rokjer at his home at 13 Baker Avenue. He informed the Rensselaer County Board of Elections that he needed an absentee ballot because he was working in Schoharie during the election. Mr. Rokjer told me that he and his wife were "well taken care of" by Lou Desso and Leon Fiacco. 7. At approximately 6:30 p.m. on the night of the 13th I saw Robert Goyer

at his home at 40 Orchard Terrace. Mr. Goyer informed me that both he and his wife, Tracy, were at home and that they had cast absentee ballots. Both Mr. and Mrs. Goyer had informed the Rensselaer County Board of Elections that they would be on vacation in Tuscon, Arizona, from September 10th through September 18th. 8. At approximately 7:15 p.m. on the night of the 13th, I saw Nancy Gapp at

her home at 29 Pine Avenue. She told me that both she and her husband were at home. She had informed the Rensselaer County Board of Elections that she needed an absentee ballot because she was working at OMRDD in Albany on election day. Mr. Gapp informed the Board of Elections that he needed an absentee ballot because he was working at the Port of Albany on the 13th. Both of the Gapps had their ballot delivered to my opponent, Robert Ashe. 9. At approximately 7:20 p.m. on the night of the 13th, I saw Gerald W.

Bruce, Sr. and Jesse Bruce at their home at 32 Van Woert Court. Gerald Bruce, Sr. informed the Rensselaer County Board of Elections that he needed an absentee ballot because he was

taking a trip to the Turning Stone Casino on September 13th. Jesse Bruce informed the Board

that he needed an absentee ballot because he was taking a trip to Bangor, Maine from September 11th through September 14th. 10. At 7:45 I went to the home of the Comitale Family at 36 Edwards Road

and spoke with Dominic and Sharon Comitale's daughter. The daughter informed me that Dom and Sharon would be home shortly if I wanted to wait for them. Both Dominic Comitales, Paul Comitale and Sharon Comitale informed the Rensselaer County Board of Elections that they would be on vacation in Maine from September 11th through September 16th. 11. I am very disturbed by the fact that my opponent and two of his running

mates had over 120 absentee ballots delivered to them. That is an incredibly large number that makes me suspicious that there was fraud or other wrongdoing going on with regards to those ballots. 12. From my experience campaigning on September 13th it is apparent that

there are many people who filed an application for an absentee ballot, instructed the Board of Elections to deliver the ballot to a Republican candidate and then was not absent during the election. 13. If, as I suspect, all or nearly all of the absentee ballots delivered to my

opponent Robert Ashe and his allies, Louis Desso and Leon Fiacco, contain write-in votes for my opponent, Robert Ashe, then he will win the Conservative Primary instead of me. 14. I urge the Courts to take action to prevent the outcome of the

Conservative Primary for Supervisor from being decided by fraud and illegal voting. The Petitioners should be able to conduct a hearing to take testimony from people who cast an absentee ballot that was delivered to Robert Ashe, Louis Desso and Leon Fiacco so that the Courts may determine whether that person was qualified to cast an absentee ballot or whether there was any improper coercion involved in the casting of the ballot. 15. Any absentee ballots cast by a person who was not qualified to vote by

absentee should not be counted in the vote totals. Our country is founded on the principles of fair play and free elections. The fact that over ¼ of the total votes cast in this election were delivered to candidates Ashe, Desso and Fiacco makes it doubtful that the outcome of the election will be either fair or free unless the courts become involved in the process. Dated: September 25, 2005 North Greenbush, New York _______________________________ Mark A. Evers, Sr. Sworn to before me this ____ day of September, 2005.

________________________ Notary Public