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State Senate Democrats Grasp For Control Of Chamber


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ALBANY, N.Y. — It wasn’t quite Babe Ruth pointing to the stands, but the call Democratic state Sen. Neil Breslin made on the day before this week’s election was nearly a home run.

“I think we are going to hold our seats downstate, pick up a seat in Rochester, and I really think Cecilia is going to win,” Breslin said on Monday. The Cecilia he was referring to was Cecilia Tkaczyk, the Democratic candidate for the 46th Senate District that was supposed to have been hand-carved for the Republicans to bolster their majority.

Forgive Breslin, then, for gloating a bit about the prediction: New Yorkers woke up today to learn that Senate Democrats had picked up a seat in Rochester and that Tkaczyk, once a long-shot candidate, was on the cusp of victory with 140 more votes than her opponent, with paper ballots still needing to be counted.

“I was giving the best-case-scenario!” Breslin said in an interview yesterday when asked about the prediction. “I think it was a perfect storm.”

Democrats also successfully defended their vulnerable seats while adding at least two to change the balance of power in the Senate, even if modestly, tying the Republicans 31 to 31 (it is currently 33 to 20). Tkaczyk's surprising strength in the 46th district could turn out to be the wild card that pushes control of the Senate over the edge for the Democrats.

The Republicans’ hand-picked candidate, Assemblyman George Amedore, seemed like the perfect choice to win the district that was tailored to the party: He had name recognition following a reality television show appearance and is well-known developer.

But Tkaczyk, a farmer, challenged him in a spirited contest, with her grassroots campaign bolstered by major PAC support to close the gap on Amedore. Early yesterday morning, both candidates declared victory but Tkaczyk held a 140 vote lead over Amedore.

Breslin, who lost part of his district to the 46th, called Tkaczyk “a mother running against a one percent builder in a toss up district.”

“If we win the district, it will be poetic justice because they carved that district out to insulate their majority,” he said.

The major deciding factor will likely be the affidavit ballots filed at the University at Albany. Democrats believe that those ballots will break heavily in their candidate’s favor. Republicans say they have the clear lead when it comes to outstanding ballots.

Amedore’s camp has filed a suit to impound all paper ballots in the 46th district and his spokesman issued this statement: “This morning, we filed a show cause order in Montgomery County Supreme Court to protect and substantiate each and every ballot. ... We firmly believe that once all the votes have been verified and counted, George Amedore will be the senator representing this five-county district. We will proceed with patience and confidence as this process moves forward.”

Even after legal maneuvers, if the Senate Democrats pick up the seat in the 46th, they will need the Independent Democratic Conference to work with them. The IDC broke from the Democrats in 2010 and quickly benefitted from an alliance with Republicans. While Democrats lost funding and nice offices, the IDC was treated rather well by Republicans.The IDC later backed Republicans on a number of important procedural votes.

Making matters even more complicated for the Democrats seeking to gain the majority, newly elected Brooklyn Sen. Simcha Felder, also a Democrat, has struck an independent note and could end up caucusing with Senate Republicans.

Members of the IDC did not return requests for comment yesterday, issuing a general statement that said nothing about whom they intended to conference with. “We look forward to getting back to the people’s business right away,” read the statement.

“If Tkaczyk wins, hopefully it allows Felder to caucus with us and I would welcome the four back into the fold as Democrats with no hard feelings,” said Breslin, who beat an IDC-backed primary challenger in September. “But they should not benefit from leaving.”

The Independent Democrats are led by Sen. Jeff Klein, whose ambition to take charge of the Senate Democrats has been well known for years. He has pledged not to vote for current Senate Minority Leader John Sampson or Sen. Michael Gianaris — the man who replaced Klein as the head of the New York State Senate Democratic Committee.

Both Senate Democrats and Republicans have been making pretty overt gestures toward Klein in the past few days.

Appearing on a talk radio show yesterday morning, Republican state Sen. Tom Libous, the head of Senate Republican election efforts, said this when asked about negotiating with Klein: “I think those conversations will take place shortly, but they haven’t taken place yet.”

Speaking about Tuesday’s election, Libous admitted “it was a tough night for us but all is not lost” and was optimistic that outstanding ballots in the 46th district would help them elect Amedore. “We’ve been through counts before,” Libous said. “While Democrats may have had a good ground game with the Obama massacre again, we do a better job with absentee ballots than they do. We work them pretty hard.”

On the same show, Gianaris repeated something that a number of Democrats have seemingly adopted as a mantra lately: that Klein has said that he will never vote for a Republican Majority Leader.

Beyond the question of whether the IDC will play nice with their former party peers, there is also the question of how Gov. Andrew Cuomo might react to a State Senate dominated by Democrats. It is widely believed that Cuomo would rather deal with a Republican Senate because it allows him to pass fiscally conservative measures — not to mention the chaos that unfolded when Democrats controlled the chamber from 2008 to 2010.

In a recent piece for State of Politics, Nick Reisman deftly pointed out that registration numbers in the state favor Democrats so strongly that it is only a matter of time before Democrats gain control of the chamber again and relegate Republicans to a consistently minority party.

“I hope the governor reads that article,” said one member of the Democratic conference, speaking on the condition of anonymity. “He could be very helpful in getting the four back in the fold and making sure we have strong leadership.”

___

Image of voting booth in Rochester courtesy of Joe Philipson, used under Creative Commons license.

New Yorkers Line Polls To Vote Despite Storm Troubles


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After the damage wrought by Hurricane Sandy in the city, voting may have been a second thought for more than a few New Yorkers.

But for others it was worth standing on line in the cold for hours or trekking through their still blacked-out neighborhoods to be able to exercise their basic right to cast a ballot in the general election yesterday.

Voters took to the Internet to document their sometimes frustrating experience getting to the polls and casting their ballots.

There were broken voting machines in Manhattan. In Coney Island, voters waiting for rides on public shuttle buses to relocated polling places said they were passed by repeatedly without being picked up. At other sites, there were a shortage of ballots. And even Mayor Michael Bloomberg had trouble voting — he reached over the table and found his own name in the voter registry after a poll worker failed to do so.

City Councilman Jumaane Williams documented problems across his Brooklyn district on Twitter, including “insanely long” lines, shortages of pens, poll workers instructing voters to vote down one party line and voters simply being turned away. In some tweets, he addressed the city’s Board of Elections directly.

“This is outrageous, disgraceful and disrespectful to what voting should be @BOENYC I didn't think you could top the primary, but CONGRATS!” he wrote, referring to this year’s primary when the Board was criticized for handling vote counting in key races.

Board spokeswoman Valerie Vazquez said there were a number of difficulties during the day caused by the fallout from the storm. The Board consolidated or relocated about 60 poll sites that were damaged by the storm, and announced the new locations less than 72 hours before voting began.

“We worked diligently to communicate these changes to New York voters and our poll workers,” she said. “We know that some voters experienced long lines here in New York — much like voters across the United States — as is common with high voter turnout associated with a presidential election.”

Voters also encountered problems acting on Gov. Andrew Cuomo’s recently signed executive order that allowed New Yorkers to vote at any polling place in the state. Not only were displaced voters turned away in Manhattan and Queens, but also upstate in Rensselaer and Albany counties.

Good government and civil rights groups said they were swamped by calls from voters complaining and seeking assistance.

While the state was not considered competitive for the presidential election, with New York’s electoral votes going to Barack Obama as expected, the real fights were at the state and local levels.

In the 15th State Senate District in Queens, where Hurricane Sandy’s destruction is absolutely inescapable, Republican Councilman Eric Ulrich was challenging incumbent Democrat Sen. Joe Addabbo. Ulrich told reporters as he cast his ballot yesterday that Democrats were trying to “obstruct the election” by waiting until Monday to announce emergency polling places.

He and Addabbo both suspended their campaigns in the wake of the storm.

Sen. Joe Addabbo declared victory at Woodhaven House around 12:30 this morning. He told the crowd: “Our attention and prayers tomorrow should be to the victims of Hurricane Sandy." However, Urlich was not ready to concede and told supporters that paper ballots needed to be counted.

The outcome of the race in the 15th district could help determine the control of the State Senate. Republicans currently control 33 of 62 Senate seats.

Another key race, in the 46th Senate District upstate — created during the latest redistricting process — Cecelia Tkaczyk and Assemblyman George Amedore both declared victory. Early this morning, Tkaczyk was ahead by 139 votes but further counting is very likely. The district was thought by many to have been tailor-made by Republicans to secure them another Senate seat, but as election day neared Tkaczyk made large gains, according to a Siena College poll.

Democrats won a seat in Rochester where Ted O’Brien defeated Assemblyman Sean Hanna in a race to replace retiring Sen. James Alessi.

Republican Sen. James Saland, who voted for same-sex marriage, trailed his Democratic opponent Terry Gipson by 1,600 votes and a recount is expected.

The 40th district race between controversial Republican Sen. Greg Ball and Democratic challenger Justin Wagner appeared to be contested despite the fact that Ball declared victory early on in the night.

Steve Napier, a spokesman for Wagner, issued a statement saying the race was too close to call. "We will pursue a full and fair count of all ballots, and we are confident that in the end Justin Wagner will be seated in the New York State Senate,” he said in a statement.

Conservative Democrat Simcha Felder appeared to be the clear winner in the 17th district in Brooklyn. Felder has indicated he may caucus with Republicans despite the results of the election. The Daily News reported yesterday that a deal has already been struck for Felder to join the Republican Conference.

Further, if Democrats pull ahead in the count, they still may not gain control as the breakaway Independent Senate Democrats have vowed to stay independent no matter what the outcome of the election is.

Democrats appeared to pick up at least five seats in the Assembly. Assemblyman Vito Lopez won reelection despite the sexual harassment scandal that hangs over him. Another scandal plagued politician, Assemblyman William Boyland, also retained his seat.

Not enough votes had been counted by press time to determine the winner in the special election to fill the City Council seat in the Bronx vacated by disgraced politician Larry Seabrook. Former union organizer Andy King was leading, with 33 percent of precincts reporting.

Voting results are unofficial until they are certified by the BOE.

SEE RESULTS FOR STATE RACES:

WNYC Election 2012 Map

NY1: Real Time Returns For New York City

Guide For The Last Minute Voter: General Election 2012


 vote here

STATE SENATE --˘ ASSEMBLY --˘ CITY COUNCIL SPECIAL ELECTION --˘ JUDICIAL RACES 

NEW YORK — Before Hurricane Sandy pounded her community, caused her home to flood and left her in the cold without power, Diana Demarco was planning to vote in today's election.

Now the 54-year-old woman says she'll spend the day cleaning the storm waters from her Howard Beach home.

“You think people care?" she said of the election. "Maybe some do, but there is no electricity and no information."

In an effort to make it easier for storm fatigued New Yorkers like Demarco to exercise their right to vote, Gov. Andrew Cuomo announced yesterday that he would sign an executive order allowing New Yorkers in areas devastated by the storm to cast their ballots at any polls in the state. 

"We want everyone to vote. Just because you're displaced doesn't mean you should be disenfranchised," Cuomo said at a press conference last night.

Besides the city, the order covers Nassau, Rockland, Suffolk and Westchester counties.

Voters will be able to fill out affidavit ballots, which will then be mailed to the appropriate Board of Elections. However, people will only be able to vote in the national elections that are uniform across ballots, not local legislative races that will determine their districts' representation.

The possibility that voters won't cast ballots in their own districts for local candidates could mean the difference in some close races. For the State Senate, it could also weigh heavily into whether the Republicans keep control of the chamber.

Chung-Wha Hong, the executive director of the Immigration Coalition of New York City, said allowing people to cast affidavit ballots would give people displaced from their neighborhoods by the storm the opportunity to participate in the democratic process. "People aren't going to go back to the Far Rockaways to vote," she said of one of the hardest-hit parts of the city.

But advocates are worried that there could be a series of problems at the polls today and that turnout will be depressed. 

"On the bright side of the coin, I think this could open dialogue on how hard it is for us voters to exercise our right to vote," said Ashton Stewart, executive director of the League of Women Voters of New York City.

However, because it is a presidential election year and the ballot also includes important Congressional races, people may turn out to vote. 

The decision to allow voters to cast affidavit ballots came after days of confusion as county election officials hustled to replace poll sites that were rendered unusable during the storm. In the city, it wasn't until Sunday that the county Board of Elections released a list of 60 or so relocated poll sites.

Adding to the uncertainty, the Board, facing enormous pressure to coordinate the election after the storm knocked out power to two of its offices and left its Election Day plans in disarray, continued to update the list hours later.

Some poll sites were consolidated into larger sites, including in Howard Beach, where brothers Phil Landman, 58, and Elliot Landman, 57, were repairing their home, which was damaged by the storm.

After learning that their nearby poll site would be moved to the other side of the neighborhood, they said there was no way they would be voting this year.

"It’s too far away ... It’s a hike from here," said Elliot Landman, pointing out that they had no transportation to get there after their three cars were water damaged during the storm.

NEED TO KNOW WHERE TO VOTE? CALL 311 FOR POLL SITES OR TEXT "NYCVOTES" to 877-877 (SPANISH "DONDE") --˘ POLL SITE CHANGES --˘ POLL SITE LOCATOR --˘ VOTE411.ORG --˘ POLL SITE MOBILE APP --˘ GOOGLE VOTER INFORMATION TOOL 

STATE SENATE

With the storm overshadowing the election, it bears recalling that the entire balance of power in the Republican-led State Senate is at stake on Nov. 6. But those districts with competitive races in the city were among the hardest-hit by Sandy, and it's anyone's guess whether voters will turnout to cast their votes.

The election probably is the last thing on the minds of voters in the 15th State Senate District — which includes Breezy Point, Howard Beach and Far Rockaway, where homes are underwater or have been destroyed by fire.

Neither one of the two men who are the leading contenders for the seat, incumbent Democratic Sen. Joseph Addabbo and Republican challenger and Councilman Eric Ulrich, have been hitting the campaign trail hard since storm pummeled their community.

Addabbo has spent his days since the storm assisting in disaster relief across the district. His own campaign office was flooded out, and he estimates that half of the polling places in his district are under water. Meanwhile, Ulrich celebrated the birth of his baby girl last week amidst the chaos of the storm.

Jessica Proud, a spokeswoman for Ulrich, said the campaign was concerned that the new poll sites "threaten to disenfranchise thosuands of voters" in Queens that were damaged by the storm.

"The Board of Elections has moved polling sites to areas that are inaccessible to many voters who are without power, public transportation, vehicles and fuel," she said in an email. 

Also in Queens, long-term incumbent Democrat Sen. Toby Ann Stavisky is facing a solid challenge from J.D. Kim in the 16th State Senate District. Kim, a political operative, has focused his campaign on small business. Stavisky has touted campaign finance reform as one of her main goals as well as improving the quality of life of her constituents.

The city’s other hot Senate race in the 22nd district of Brooklyn, between Republican incumbent Martin Golden and young Democratic challenger Andrew Gounardes, has also slowed down if not been completely eclipsed by the storm.

Gounardes’ spokesman Chris McCreight says that the election isn’t exactly on the forefront of anyone’s mind.

“The hurricane definitely impacted some polling sites in Gerritsen Beach and Manhattan Beach," he said. "To what extent, nobody knows, mainly because the focus has been on the destroyed houses and the families. I don't think too many people are thinking about the election at this point in those neighborhoods so it's hard to say if the polling sites will be anywhere near operational by Tuesday.”

Golden couldn’t be reached for comment last week.

If there was one sign to point to that indicates the struggle for control of the State Senate is closer than anyone cares to admit, it would have to be the race for the newly created 46th district. The district snakes down around the upstate urban centers like Schenectady and Albany through rural areas and small towns — like it was designed only to reach Republican voters

Republicans currently control the Senate 32 to 29. The district was carved by Republicans to help bolster their majority and added as the 33rd district despite the protests of Democrats who said that a new district made no sense.

Most Albany insiders saw it as a hand-wrapped gift to Assemblyman George Amedore, a home builder who appeared on a reality TV show before winning his seat.

Even though the district seems to have been gerrymandered to benefit the Republican candidate, a recent Siena College Poll shows that Democrat Cecliia Tkazyk trails the popular Amedore by only three points — 44 to 47 percent. Tkazyk has received a major boost from PAC spending, which has likely helped her close the gap on Amedore.

Meanwhile, in the 55th district in Monroe County, Democrat Ted O’Brien has a major lead over Republican Assemblyman Sean Hanna of 50 to 39 percent, according to the Siena College poll. The seat is currently held by retiring Sen. James Alesi Hanna, who enjoyed a 19-point swing in the polls over just one month.

If Democrats hold on to their incumbents, those two seats could put them in the majority. Of course, that all depends on whether the Independent Senate Democrats, led by Sen. Jeff Klein, decide to play ball. The breakaway faction of Senate Democrats have functioned as a buffer for Senate Republicans during important votes, although it appears important for them to be seen as Democrats in their districts.

Many Democrats think that the Independent Democrats would be forced to return to the fold if the Democratic Conference needed them to create a majority. After all, it would be hard for them to explain to their constituents why they were siding with the Republican Conference. But nothing is guaranteed.

Read the Gazette's coverage of the two key state Senate races: Democrats Hope for State Senate Win In Conservative Brooklyn --˘ Showdown at Howard Beach --˘ Rival Candidates in State Senate Race Say They Won't Toe Party Lines

STATE ASSEMBLY

Although many city-based Assembly members are running opposed and the control of the body is unlikely to change hands anytime soon, there are a number of compelling races in the five boroughs:

Democrat Ron Kim will face Republican Phil Gim in the 40th State Assembly District in Queens. The pair are vying to replace departing Assemblywoman and Congressional candidate Grace Meng. Gim is a small businessman; Kim has worked in city and state government, including as an aide to Assemblyman David Weprin.

Assembyman Rory Lancman decided not to run for his seat after losing a congressional primary. Now Democrat Nilly Rozic and Republican Abe Fuchs are vying to replace him in the 45th State Assembly District. Fuchs’ focus is on education policy while Rozic was the chief of staff for Assemblyman Brian Kavanaugh.

The 45th State Assembly District in Brooklyn features a three-way showdown between incumbent Democrat Steve Cymbrowitz, Republican Russ Gallo and Independence Party candidate Ben Akselrod. Cymbrowitz has avoided debating his opponents, and has remained fairly quiet while being the subject of numerous attacks from his opponents. For instance, Gallo slammed Cymbrowitz for looking for staff on Craigslist, and said that the popular classifieds site is “notorious for being used by criminals and those peddling immorality.” So far, the race has not featured much substance.

In the 53rd State Assembly District in Brooklyn, scandal-scarred Democratic Assemblyman Vito Lopez is facing a challenge from Republican Richy Garcia, who is not very well known and had suspended his campaign only to revive it after the sexual harassment scandal surrounding Lopez broke.

In a case of déjà vu, another scandal swamped Democratic Brooklyn assemblyman is facing a fairly weak Republican challenger in the 55th State Assembly District. Assemblyman William Boyland who has won of the worse attendance and legislative records in the Assembly and who is under indictment for bribery charges faces underfunded Republican challenger Jonathan Anderson.

In the 65th State Assembly District in Manhattan, Speaker Sheldon Silver — facing a backlash for his involvement in secretly settling sexual harassment charges against Lopez — faces a challenge from Republican Wave Chan. Silver is expected to win handily. Silver has held the seat since 1977.

In the 76th State Assembly District, Democratic incumbent Assemblyman Micah Kellner is facing Independence Party Member Mike Zumbluskas (also running on the Republican line). Kellner has been focused on creating a new middle school in the district and has worked against the East 91st Street Transfer Station. Zumbluskas has focused on reducing taxes and says he wants to add to the Republican minority in the Assembly.

There is a full ballot in the 80th State Assembly District race in the Bronx to replace Naomi Rivera. Mark Gjonaj defeated the scandal-damaged incumbent in the Democratic primary and now faces Nicole Torres on the Republican line, Patrick McManus on the Conservative Party line and William Edstrom on the Green Party line.

CITY COUNCIL SPECIAL ELECTION

Six candidates are vying in the special election for the City Council seat in the Bronx that was previously held by disgraced veteran politician Larry Seabrook. The candidates for the 12th district include a community organizer, an Anglican minister, a lawyer, a policy advisor to Rep. Jose E. Serrano, a bus company owner and the executive director of a community center.

The district is bounded by Westchester County to the north, Williamsbridge to the west, Ollinville and Baychester to the south and the 338-acre Co-Op City to the east — the largest government-subsidized housing ever built.

The candidates have said education, economic development, crime and public housing are all key issues in the district. Youth violence has also been a subject of concern.

One candidate, Pamela Johnson, said during a debate among five of the candidates that if elected she would propose parenting classes to tackle the youth gang problem in the district. “Some parents don’t know how to be parents,” said the Eastchester community activist.  

Another candidate, Cheryl Simmons-Oliver, is a policy advisor on economic development for Rep. Serrano. In a series of videos posted on YouTube, she has outlined a multi-pronged platform, on issues including quality of life and job creation.

Some observers say the district was neglected during Seabrook's three-term tenure that ended when he was booted from his seat following his convicted in a corruption case. Prosecutors said he funneled $1.5 million in public funds to nonprofit organizations he controlled.

While most of the candidates in the nonpartisan race have focused their energy on promoting their own records rather than addressing Seabrook's shenanigans, candidate Joseph Nwachukwu told The New York Times that he wanted to increase accountability surrounding how the city's money is spent.

“After the Larry Seabrook debacle, people are looking at us as if we don’t have integrity,” the 54-year-old Anglican minister told the newspaper last month. “I will set an example and lead by example.”

Another candidate in the race, Andy King, lost a challenge to Seabrook in 2009. This year, he's seen by some as the man to beat.

He's raised the most money ($28,520) and has sought and received public matching funds of $49,333, according to the city Campaign Finance Board's website. Top donors have included unions, Councilman James Vacca and state Assemblyman Carl Heastie.

He has also won the support of the Bronx Democratic Committee.

The race has also been a test case for a new city rule requiring organizations or groups to disclose their independent expenditures on behalf of candidates.

According to campaign finance records, 1199 SEIU, spent $4,500 to back King, mainly by printing and distributing a flier for him — not surprising, though, given that the candidate worked as a community organizer for the union.

On his website, King has outlined his platform under the generic slogans of "providing care for our seniors", "improving access to healthcare" and "organizing for positive change."

Another candidate, Neville Mitchell, is a lawyer who represented the relatives of a groom shot and killed by police in a 50-bullet barrage on his wedding day on Nov. 26, 2006.

Mitchell told the Daily News in late October that he planned to sue the city's Board of Election because he said King's name is expected to appear on the ballot twice and in the same column as President Barack Obama.

Board of Elections spokeswoman Valerie Vazquez said the first candidate dropped out of the race and substituted King for the spot.

JUDICIAL RACES

When voters do go to the polls tomorrow, they will likely be expected to pick judicial candidates whom they probably never even heard about before. There are 43 candidates running to be judges in Bronx, Kings, New York and Queens counties. Up for grabs are spots on the civil, supreme and surrogate’s courts.

The New York City Bar Association, which evaluates candidates in judicial races, did not approve 10 of the candidates (“Not approved by reason of the candidate’s failure to affirmatively demonstrate that he possesses the requisite qualifications for the court for which he is a candidate”) and was unable to review two.

The City Bar says that it cannot comment beyond approving and not approving candidates “to ensure the thoroughness and integrity of the ratings process.”

More information about each candidate can be found on the New York State Unified Court System’s guide (it also includes a helpful description of what each court does) as well as on Judgepedia.

 



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