Maltese v. Hon. Andrew Cuomo and NYS Board of Elections

I'm challenging the rights of Delegates to have the extension of time and/or postponement of time offered to others (Party Candidates) by Governor Cuomo's EO 202.2-.30 sections pertaining to NYS Election Law-Article 6 which eliminated my right to time provided to petition to designate for the line for Statewide office; NYS Assembly District # 12.

The Governor issued a State of Emergency on March 7th; whereas the Governor created an unconstitutional distinction during healthcare pandemic (COVID19) of which citizens received extensions of time or postponements of scheduled elections due to COVID 19 State of Emergency. The language of the EO 202.2 on March 7 instituted new Election Law requirements where it provided "extension of time" for all Political Party Chairman Selected Candidates and "No extension of time-but reduced time" for Delegates" to meet NYS Election Law requirements within Article 6 of NYS Board of Elections rules.

Prior to March 7th's State of Emergency; Delegate petitioning efforts kicked off on February 25th, where the Delegate or Candidate must physically witness fellow party registrant signatures so their "candidacy" appears on the ballot for a Statewide Primary. I'm that Delegate candidate for NYS Assembly 12th AD. I'm also a former Regional Planner with the NYS Legislature for 18 years holding Member and Staff Mentoring Roles for NYS Assembly and NYS Senate. I worked along side Chairs; of the NYS Assembly and NYS Senate Election Chairs as well. I have 30 years of Campaign Management Experiences; for Federal and State candidates.

The 12th Assembly District (AD)'s 2020 Election is also a Special Election as the former Assembly Member resigned during active term; providing that the Governor has the ability to call the Election. The 12th AD's Election, along with 4 other Statewide Seats whereas Members resigned or retired was originally scheduled for April 23, 2020. No primary is scheduled for Special Election cycles, but this seat is required by Article 6 to have 3 Elections in one year due to the resignation of former AssemblyMember Andrew Raia, who resigned 6 months after winning his 2018 election on June 23, 2018 leaving the district to fend for itself for one year.

Pandemic Occurred-pushing the Special Election scheduling to June 23rd instead of April 23, 2020. Regardless of the 12th AD's Election scheduling. Any Delegate who chooses to Primary a candidate meaning providing "Party Choice" on the ballot MUST gather petition signatures of fellow Party registrants. Delegate petitioning for the 12th AD began on February 25 and was abruptly altered on March 7th's EO 202.2 order due to Pandemic Covid 19 Social Distancing Rules; which changed the constitutional aspect of "fairness" and equal rights/protections under the law by "distinguishing" between the differences between Party Candidates and Delegates during State of Emergency Health Epidemic Social Distancing Rules. Article 6 doesn't permit distinctions between Political Party Candidates and Delegates when State of Emergencies are called; especially Healthcare oriented Pandemics. By the Governor introducing EO 202.2-.30 languages mandating with police powers behind him the "differences" delegates and party candidates-he has in fact violated the State constitution in providing equal fairness within Election law requirements and rescheduling or stopping the clock so delegates have the same equal protections when witnessing signatures to gain access to democratic election processes. Pandemic or State of Emergencies do not eliminate NYS Election law access for delegates and reducing my time as a delegate while postponing time for Party endorsed candidates-it's the Governor that made an unconstitutional distinction in the value of my public health, the signatures that signed for me from March 7-March 17th, 2020 as new rules required reduction of time to gather signatures.

Article 6; NYS Election Law grants Delegates 37 days to witness and gather signatures. My time to delegate was unconstitutionally reduced by eliminating additional days to witness and gather signatures. Pandemic COVID 19 State of Emergency, with CDC and NYS DOH mandates of "Social Distancing, No Gathering-means no witnessing", how does a Delegate meet Eo 202.2-.30 new requirements with less time to do so and we're not permitted to Gather? It's an oxymoron at its best and unconstitutional.

EO 202.2-.30; continues to offer extensions of time and rescheduling elections for Party Candidates and most recently School Board Elections, BUT reduced my constitutional right of 37 days (Article 6) to personally or send out a team of party registrants to witness fellow party member signatures to access the ballot. This has been clouded by Pandemic as on March 8, NYS DOH and CDC social distancing requirements Mandated "no large groups, no meetings, non-essential workers stay home, don't pass paperwork, use hand sanitizer, stay within 6 feet of each and curfews. These NYS enforced requirements with police power behind it; made it impossible to meet any EO changes of 30% reduction of required signatures and on top of reduction of time to gather as a Delegate; whereas Party candidates got and get continued time. Here's another aspect of my complaint filed with Suffolk Supreme Court which is also within the EO 202.2-.30; the ability for Independents to petition provided by Article 6; has been "postponed indefinitely". Originally scheduled for April 14 to commence so that Independent Petitioner can't even witness or gather to get on the Election line for statewide office this 2020-12th AD Election cycle as is.

My complaint filed at Suffolk Supreme Court beginning April 1, 2020; challenges the Governor and NYS Board of Elections on the constitutionality of his EO 202.2-.30 because no State of Emergency, No Pandemic HealthCare Crisis, No Terrorist Attacks of 9-11 (STATE PRIMARY DAY) has ever in the history of NYS eliminated Delegate and Independent Petitioner rights to be part of this Election process and this year Governor Cuomo and NYS Board of Elections have violated my constitutional right as the Delegate. By doing so; It's the Governor that Eliminated Primary Process for the 12th AD as this election cycle of 2020 mandates 3 Elections be scheduled as the former Assembly Member resigned 6 months into his term. The 12th AD is not bound by "General Election Law Rules"; it's bounded by Special Election Law Rules for 2020. Pandemic Covid 19 has clouded this undemocratically-EO 202.2-.30 stamped it's approval. The only source that has oversight of the issues; is Suffolk Supreme Court where my complaint, petition lies. The fate of the 12th AD is in their hands and yours if we take action and bring undemocratic language of EO 202.2-.30 to light.

As a registered Democrat, as a registered voter in the 12th AD with the residency requirements in place, as a Professional Woman of Process for 30 years, as this year is the 100th Anniversary for Women's Suffrage which means it's only been 100 years that Women can be elected to office-for the Governor and Suffolk Supreme to continue to not "hear my complaint" by stating "this court is not the jurisdiction to "HEAR" your complaint-it's a violation of not only Article 6. but Federal Rules of Delegates to "witness and gather Petitions" for Democratic Elections.

More reasoning to support my Court Challenge, my right of extended time to gather collect petitions was eliminated on March 17th vs the original cut off date supported by Article 6th of March 30th-as this is a Special Election District with it's own Political Calendar to meet-check the NYS Board of Elections Calendars as of February 25 and as of March 7th. Quite frankly, if the Governor wanted to avoid a Court Challenge a recommendation by me is he could have stop clocked my time to witness and gather petitions when he called State of Emergency Pandemic on March 7 or March 8 or March 9 to protect not only me from potentially becoming infected with COVID 19, but members of my team that tried to circulate, witness and gather during Social Distancing Pandemic but every day between March 7-March 17 new police state State of Emergency Mandates stifled, strangled one's ability to do so. You simply could not physically witness a registrants signature at their front door, not could you ask them in groups and their were no scheduled gatherings permitted as we still are advised not to. It's so clear that EO 202.2-.30 pertaining to ones right to the Election Ballot created an oxymoron. We're masking up, hand sanitizer recommended every time one does touch if you can get within 6 feet of them to ask for a signature, and hopefully we're not receiving Police Summonses for doing so.

NYS Board of Elections and Federal Election requirements for Petitioning presently requires in person witnessing of their signatures. NYS Board of Elections and or the Governor have not implemented changes for In Person Petitioning by absentee ballot or perhaps setting up a Portal with the NYS Board of Elections for Delegate and or Independent Candidate supporters to view their Designating petitions, signed it and have the NYS Board of Elections portal time and date stamp submissions. Again, leaving me as the Delegate Candidate for the 12th AD to pursue my Court Challenge at State Supreme Court. I'm steadfast and no matter what will challenge at any point for NYS 12th AD because real leadership ability is so desperately needed in my district. I have the know-how and ability to get it done. My track records; speak volumes as well as volunteer efforts. I have taken the oath of public service a long time ago and still carry myself as a NYS Public Officer, I can renter into Public Service in any capacity any day.

My campaign: Friends of Maryann Maltese set up a fund with Act Blue, you can find me under my name to make a donation. You can also mail a check or money order to Friends of Maryann Maltese, 19 Ringler Drive, East Northport, NY. 11731 or wire transfer a campaign donation of any amount to Friends of Maryann Maltese-reach out for detail, which I'm using to cover court fee expenses and my campaign efforts. I also have a Facebook account under Maryann Maltese.

As this is a Special Election seat; the 12th AD present Election calendaring is not required to adhere to General Election dates supporting my complaint that the rights of Delegates were reduced during Pandemic unconstitutionally violating Article 6 of NYS Board of Election procedures .