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Challengers File Suit Against CFB (UPDATE)
December 2nd, 2008

Dan Jacoby, Mel Gagarin, Yetta Kurland, Jo Anne Simon and Leo Glickman

Three City Council candidates, who thought they would be facing vacant seats in next year’s citywide race, have filed a lawsuit in state Supreme Court against the Campaign Finance Board and its response to the extension of term limits.

The board issued an advisory opinion shortly after the City Council approved term limits by a vote of 29 to 22. The opinion is a how-to for candidates, who may be switching what they are running for.

Some candidates have already surpassed spending and contribution limits and, now with the term limits change, could potentially seek reelection instead of higher office. Essentially, the board said they could freeze their accounts or return some of their expenditures that were over the spending limit for their new office.

The suit, say plaintiffs, unfairly treats challengers, who must abide by the board’s limits, while incumbents, who have already spent thousands of dollars, can wipe their so-called spending slates clean. Plaintiffs include Yetta Kurland, who is running in Council Speaker Christine Quinn’s Manhattan district, Jo Anne Simon, who will run for Brooklyn Councilmember David Yassky’s seat, Mel Gagarin, who is running for Melinda Katz’s Queens seat, and blogger Dan Jacoby.

“We’re really here today to run for good government,” said Kurland. “The goal and the purpose (of campaign finance) is to level the playing field.”

The group, which held a press conference on the steps of City Hall this afternoon, said they submitted recommendations to the board before it issued its opinion. The group argues the city could go back and investigate what expenditures would apply to a candidate’s reelection campaign — i.e. money spent in the district or expenditures that give the incumbent some sort of advantage.

“A lot of the money they have spent has benefited them,” said Jacoby. “You can bet they started in their districts because that is their base.”

The plaintiff’s attorney, Leo Glickman, said he hopes to have the issue resolved in two to three months.

Pictured above from left: Dan Jacoby, Mel Gagarin, Yetta Kurland, Jo Anne Simon and Leo Glickman

And the CFB just sent over this response from Executive Director Amy Loprest:

“The Board feels the best way to provide for competitive races in these districts is to offer an incentive for the incumbents to set aside the war chests they’ve raised, join the Campaign Finance Program and voluntarily limit their spending for a re-election campaign to City Council.

If these incumbents choose to opt out of the Program, they face no limits on their spending. By allowing them a fresh start, the Board hopes to impact their behavior going forward and allow these elections to unfold on a more level playing field.”

By Courtney Gross on December 2, 2008, 4:28 pm
In category: Gotham City
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