Neighbor News
Maltese denied access by Suffolk Supreme Court
Once again; NYS Suffolk Supreme Court refused Maryann Maltese's complaint filed concerning EO 202.2.-.30's election law violations
Maryann Maltese, Democrat, candidate for NYS Assembly as the Delegating Challenger was denied the right to a hearing by Suffolk Supreme Court 3x. The Court was unwilling to hear her complaint; that EO 202.2-202.30 violated state constitution rights for citizens to be granted the same universal protections during Pandemic COVID 19 to "post pone delegate petitioning filing dates as well as the Court did not hear my challenge that EO 202.2-.30 violated my constitutional right to petition as an independent for statewide office.
On March 7th, 2020; Governor Cuomo's EO 202.2's language violated Ms. Maryann Maltese's right to extended time frames the Governor provided to Party candidates, by reducing time to gather petitions for Statewide primary which is required for challenging candidates to Primary Special Election District winners. The Special Election for the 12th Ad is scheduled tomorrow, June 23rd, 2020. The March 7th EO 202.2-.30 - provides Party Candidates of Statewide offices, Candidates for Village Elections with postponement of time for Election Compliance except delegates. The newest EO 202.30 also postponed Long Island School Elections one week extension from originally June 9-June 16th. EO 202.2 also granted that Emergency Court cases; like election law matters with virtual hearings to be conducted while Pandemic State of Emergency was and still is in effect; which on 3 different occasions; including Suffolk County Supreme Court's decision today denying Maryann Maltese access to a virtual hearing on her Election law matter. By the Governor specifying that there is a difference in filing requirements for delegates and party candidates during Statewide Emergencies healthcare pandemic he has in fact created a divide in constitutional protective rights of a citizen to have same public protections as Party Candidates during health pandemics. By reducing my constitutional right to time during public health epidemic; the State is in violation of my civil rights and is a violation of Article 6-NYS Election Law, said Maryann Maltese.
"Suffolk Supreme Court's decision again on June 18, 2020, and then holding off on providing me with a copy of the Court decision a day before Statewide Elections scheduled tomorrow is reflection of the Court's inadequateness of managing Election law matters timely", said Maryann Maltese as I filed my original complaint on March 30th, 2020. For this court to choose "not hear my case" and for the Judge to continue to state that I filed my Court Challenge,Complaint, and supporting documents inappropriately or frivolously; as well as for the same Judge to render in their decisions when I filed Motion to reassign the case to another Judge, or that my case I filed is in the wrong Court Jurisdiction is absurd", said Maryann Maltese. The fact that Polenz v.Marcantonio; Index Number 1569/2020 filed in Suffolk Supreme Court was "granted a virtual hearing" to determine validity of petition signatures and whether or not Mike Marcantonio met residency requirements is not the case that impacts State Election Law State of Emergency Protocols which as of today are still not in place when State of Emergency's are called. The disregard for my social welfare as an announced delegate during well known healthcare pandemic State of Emergencies is outlandish. Also, by Suffolk Supreme Court denying me to access to hear my case virtually by pulling the "non-court jurisdiction card' and "stating my Plaintiff Complaint and Petition was frivolous in it's entirety by the same Judge 3x demonstrates Suffolk County's disregard for access to the ballot as a Delegate and Independent Voter registrant", said Maryann Maltese, who is a long time former NYS Regional Communications Planner and Campaign Manager for 30 years. Polenz,the Plaintiff for the Suffolk Republican Party-challenged the defendant Marcantonio's petitions trying to toss him off the ballot by invalidating his petitions for not meeting residency requirements by having Republican Party Chair selected candidate Keith Brown called as a witness to continue politically motivated mission is not the case that impacts the creation of Healthcare Pandemic Election Law mandates. "In the Political Campaign world, we call this chess board move-child's play when trying to toss out petitioner signatures for a candidate, said Maryann Maltese.
Find out what's happening in Huntingtonfor free with the latest updates from Patch.
The real constitutional matter Suffolk Supreme Court was not willing to hear today because it sat on Judge Horowitz desk again; is whether or not Governor Andrew Cuomo and the NYS Board of Elections violated my constitutional right to the additional time provided during State of Emergency Pandemic to gather and witness fellow party registrants signatures. Pandemic Covid 19 also had/have CDC requirements attached to it, NYS Department of Health orders of March 7th, March 8th, March 9, March 10-and so forth through March 17; declared by POLICE ORDERS not to gather, not to open your doors, have delivery men/women leave packages at your doors, do not stand within 6 feet of another non-family member-creating a host of complications for a Delegate to petition "legally'. Witnessing petitions is the most crucial aspect of Petitioning so one can be eligible to be on the ballot-but doing so during Pandemic subjected myself or members of my team to possible arrest violations for "violating social distancing rules". It is EO 202.2's language of March 7th, 2020 documented on NYS Board of Elections Political Calendar that violated my rights under Article 6 of the NYS Election Law; by cutting off my ability to safely witness signatures; one simply could not comply with "witnessing signatures" to get on the ballot; said Maryann Maltese.
Suffolk County Supreme Court had the ability to hear the case and Choose not to. This disregard for democratic process is a slap in the face to Women of process and those who can read and understand Election Law requirements. Suffolk should be ashamed of themselves for being unwilling to hear a case that could have developed Pandemic or State of Emergency protocols for Election Law matters-which is still not in place after 9-11 which again, was Statewide Primary Day. Instead-they choose the easy way out by not rendering me with a hearing.
Find out what's happening in Huntingtonfor free with the latest updates from Patch.
I will be filling an appeal, but those who agree with my analysis-take action by writing to the Governor and expressing your opinion. I have attached the lower courts present decision for review. Thanks again to all that opened their doors to sign before and during Pandemic Covid 19.
Have a wonderful summer.
