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SPECIFICATION OF' OBJECTIONS

COVERSHEET

DESIGNATING PETITION - PARTY: Democratic Party


Candidate & Residence: Sean Patrick Maloney
383 Lane Gate Road, Cold Spring, New York 10516
Ptrblic Office: Attornev General of the State of New York

within document^contains the specific obJections.of


g'' , residing at

New York
qualilied to, and having duly entered generd objecttons to the subject petition,
and / or subject nomination, do hereby enter these specifications of objections,
pursuant to the terms of the election law and the nrles of the ltl'fS Board of
Elections.

Objector's Contact Person: John Ciampoli, Esq.


1196 Bernard Street
Valley Stream, New York 11580
Cell: 518 - 622 - 3548 FAX: 516 - 45O - 3473

DATED, q l(" ,2018 '


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SPECIFICATION OB OBJECTIONS

The Candidate'has been nominated for the public office of Member of

the United States House of Representatives, 18th Congressional District of New

York at the June 26,2018 Primary Election for Federal offices. The Candidate

has thereafter (July 12r2018) filed a designating petition for the public office

of New York State Attorney General.

The Candidate has NOT declined his Congressional Nomination. The

time within which to decline has, upon information and belief, expired or will

expire in the immediate future.

As a matter of Law, these two offices - Attorney General and Member

of Congress are incompatible. Further, the rules of the United States House of

Representatives prohibit a Member of congress from practicing law, and

engaging in actions that include fulfilling the duties and obtigations of the

office of New York State Attorney General.

It is / was the clear intent of the New York State Legislature in adopting

the relevant provisions of the Election Law to preclude an individual from

seeking these two incompatible offices at the same time.

The law of this state calls for the invalidation of BOTH instruments of

ballot access where the same candiilate is named therein and the offices are

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not compatible (thus disqualifying the candidate from seeking / holding both

of the offices being sought), see, Matter of Lawrence v. S'pelman, 264 A.D.zd

455,694 N.Y.S.2d 143 (2d Dept., 1999). Moreover, the body of case law of this

state establishes that where a petition is challenged, and the primary election

has passed, that where the.candidate is disqualified from holding the subject

office, there is a vacancy in nomination created, see Venditto v. Roth, 110

A.D.3d 908, 975 N.Y.S.2d 59,201,3 N.Y. Slip Op. 06699 (2'd Dept., 2013).

It is well established that where the'law sefs up a calendar that creates a

legal impossibitity [here the incompatibility / disqualification / invalidation did

not occur until AFTER the Congressional Nomination was completed.] This

conflict only happened and ripened for review when the candidate filed

petitions for a conflicting, incompatible office (and did NOT decline the prior

nomination). The facts created by the legal structure and the candidate's

actions made it impossible to object to previously filed Congressional Petitions

until now. The challenge must go forward under the holding of the Court of

Appeals in Settineri v. DiCarlo, 32 N.Y.2d 818 (1993) reversing 197 A.D.zd

724 on the dissent of Balletta, J., therefore, this is the first juncture at which

the Congressional AND Attorney General ballot access instruments can be

challenged, due largely to the conduct of the Candidate.


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Accordingly, the Congressional Nomination should be invalidated, see

Lawrence, supra, (alternatively, the Nominee should be disqualified &

substitution allowed by the party committee, see Venditto, supra) and the

petition for Attorney General should be declared invalid see Lawrence, supra,

(alternatively, the designee should be disqualified & substitution allowed by

the vacancy committee, see Venditto, supra).

The Congressional nomination should be voided on the basis of

incompatibility which invalidates the entire underlying designating petition

therefor. In the case of the Congressional nomination, the disqualification of

the candidate on the underlying petition would create a vacancy in

nomination. The invalidation of the petition and / or the nomination would

void any candidacy in the November Election.

The Attorney General petition should be voided on the basis of

incompatibility which invalidates the entire designating petition therefor. The

disqualification of the candidate would create a vacancy to be filled by the

Committee to Fill Vacancies.

In each case hereinabove the relief requested is invalidation, with the

request for disqualification being made in the alternative.

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Summary: Each and every signature on each and every page of the

subject petitions [Congress, 18th C.D. & Attorney General] is I are invalid

Ieaving no valid signatures supporting the petition(s). This, by law is / are

insufficient numbers of signatures to'support a designation for the subject

public offices [Clngress, L8'h C.D. & Attorney Generall.

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