Maryann Maltese NYS Election Law Court Challenge for NYS Assembly

Maryann Maltese, Former NYS Public Officer with the NYS Legislature Delegated for the NYS Assembly 12th AD which kicked off on February 25th and on March 7th Governor Cuomo called a State of Emergency due to Pandemic Covid 19. Maryann Maltese is an Election Law Expert as she has Managed Federal and State Campaigns for 30 Years.

The Executive Order 202.2-30, provided Party nominated candidates whether through petitioning or Chairman choice of every major Political Party in NYS; including Democratic and Republican Candidates with EXTENSION of time to either hand in their qualifying paper work and/or postponed their Elections; except DELEGATES by reducing the "time span" to come into NYS Election Law compliance and eliminating a private citizen's ability to independently petition as well.

A Delegate is a Party Registrant who opts to petition fellow party registered voters by asking them to sign their delegating petition. Under Article 6; a Delegate has 37 days of time to gather and "witness" fellow party registrant signatures. If they are successful, and approved by the NYS Board of Elections; the Delegate becomes officially a Candidate and their name appears on the Election Ballot for the upcoming Primary. The 12th AD this year; is a Special Election due to the former Assemblymember resigning while still in office. Andrew Raia, resigned 6 months into his new 2019 term in June 2019 and sat there for 6 months on Statewide payroll while campaigning for Huntington Township Clerk race. When a Member resigns on the NYS Assembly Floor by public announcement and uses State time to do so; the resignation is effective immediately. Why Mr. Raia was permitted to collect State Salary after resigning is a question for Mr. Raia and his supporters.

"Primaries are the most fundamental democratic aspect of an Election", said Maryann Maltese. Primaries provide voters with candidate choice and petitioning is a way for a voter and community resident to appear on the ballot. It's a process that All political parties need to follow if party wants a choice of candidate. "Candidate choice within the Primary is where the public has the say in who is eligible to be on the statewide election ballot, if that process does not occur, Party Leadership-meaning Chairpersons alone can make a decision without a Quorum of fellow registrants voting during roll call votes", said Maryann Maltese

Maryann Maltese was not introduced at Suffolk County Democratic Caucus Voting Meeting as a candidate to fellow Democrats at the roll call meeting to select a candidate in February of 2020. Party Chairman Rick Schaeffer, violated National Democrat Party Rules and Robert Rules of Order by calling a meeting to start at 8:30am whereas, No candidates were introduced or provided 3-5 minutes of floor time to advise "fellow voters" why they want to be "the candidate" prior to roll call vote commencing. Rick Schaffer, is a tenured Professional and Town Supervisor of North Babylon and was completely unprofessional at a meeting. "A true Chairman or Chairwoman, never calls a roll call vote at the start of a meeting, and if Schaeffer wasn't a coward; he would have dug deep down and introduced "all candidates" instead of controlling a Meeting that was scheduled for Membership to meet and then vote for candidates". This was the Scheduled Meeting for both of things in process to occur which did not.

Maryann Maltese has 30 years of Political Processes within Party Club Management and has never witnessed a Chairperson disrespect a fellow Professional by dismissing them at "Club Meeting" of fellow peers and also not providing Protocol introductions. Maltese verified this with a fellow candidate. That decision by Mr, Schaeffer is a violation of our National Charter and as a Woman of Process; this Leader should know better as he is also the Town Executive responsible for being the role model for equality amongst the sexes. As noted, this year 2020 Marks the 100th Anniversary of Women's Suffrage Movement; perhaps Chairman Schaeffer be order to take "Sensitivity and Anti-discriminatory CE" or step down as the Suffolk County Chairman of the Democratic Party. A true leader doesn't feel threatened when 'new members or existing members' rise to provide party with service. Mr. Schaeffer makes $120,000 as the Suffolk County Democratic Chairman alone, he also receives a Township salary, so my question to him is and fellow democrats-what is his excuse for not abiding by Robert's Rules of Order at an Official scheduled meeting?

Back to Maryann Maltese for NYS Assembly 12th AD's Court Challenge concerning NYS Board of Elections rules. Delegate Petitioning commenced as mentioned on February 25th, and EO 202.2 State of Emergency Rules implemented Social Distancing requirements on March 7, 2020 supported by NYS DOH; Mandating no meetings, don't open your doors the COVID19 plague will get you, no large congregations, use hand sanitizer after every human touch, wear plastic shields, don't touch or hand out papers as infection or spread of COVID19 is airborne. If this is the case, then the Governor should have stop-clocked petitioning gathering on March 7th, and restarted the stop watch once Healthcare officials stated it was either safe to recollect or NYS Board of Elections implementing better conditions for delegating.

Maryann Maltese's constitutional right of postponement like Party Candidates was violated because Governor Cuomo, took it upon himself to provide "fairness and equality" to "Party Candidates"and "Not Delegates or Independents". Extension of time, postponement of time, new time schedules of elections for statewide offices were not provided; but EO 202.2 did provide this for Village Elections right here in Northport by the way and most recently School Board Elections though-out Long Island, but not Statewide Election races. Does that sound wrong to you? Send me a comment please.

The 12th NYS Assembly District has been vacated for 1 year as of June 21st, this seat, along with 4 other Statewide Election seats; and with respect to access to the ballot for delegates and independents I DID NOT receive due process under the law. Statewide Legislative Seats; such as the 12th AD's election and the opportunity provided to Delegates or for Independents to eventually be allowed to petition which is constitutionally protected by Article 6-was not protected during Pandemic Covid 19: for these reasons:

1) By being required to continue collecting signatures from State of Emergency date called on March 7 until March 17; reducing my 37 days of time provided by Article 6. (Social distancing rules in effect; CDC now involved, fellow voter registrants asked not to open doors, but there's Maryann Maltese and any other delegate "required" to follow though instead of providing due process and or equal rights like EO 202.2 granted to Party Candidates.

2) 9-11 Terrorist Attacks was in fact NYS Primary Day; the worse assault on American Soil, because our free elections were in process-this attack was to send a message to the greatest democracy in the world "to end Free Elections"; to send fear that free elections are evil and that Monarchs or Terrorists, Dictators are decision makers and not citizens. That was the message on 9-11 and by Governor Cuomo, not extending me or any other delegate courtesy and due process under the law is a violation of my civil rights and a violation of Article 6.

9-11's precedent of NYS canceling its Statewide Election about 2 hours after 9:21am and rescheduling it with "equality and fairness provided to all Party Candidates and Delegates" was justice. NYS picked itself up from being issued Federal funding as the 47 or 48 state to receive funding from DC to ensure that NYS rescheduled free elections. I was one of these individuals working with fellow NYS Public Officers discussing the importance of GOTV (Get out the Vote). By eliminating my right of "time, while extending others" is as bad as those terrorists that tried to "kill off free elections". NYS is premier in ensuring electoral access, but not this time. Suffolk Supreme Court seems to believe it's not the right Jurisdiction to review Election law matters. However, the two present candidates for NYS Assembly 12th AD (Brown vs Marcantonio) just had a NYS Board Of Elections complaint "heard at their venue" something to do with "petition signatures not valid and pointing fingers which one of them lives in district for more than 5 years. (check into it-its great reading material) So why am I being singled out as my case not being filled in the right Court Venue? That case was heard by Judge Quinlan, mine not heard by Judge Horowitz. Tell me community-does that sound like fairness under the law?, said Maltese.

Maryann Maltese (Plaintiff) filled out her Complaint and Court challenge once again vs Hon. Andrew Cuomo and NYS Board of Elections (Defendants), to secure my right to run as a delegate but, more importantly to be the catalyst to bring needed and required "Emergency Election Law Statewide Protocol and demand that this court be the Location of Venue or Jurisdiction to Hear election law matters" (Maltese already thought this was the right venue) needed and still needs to created as it doesn't exist. Maltese v. Hon. Andrew Cuomo and NYS Board of Elections is the catalyst for Changes needed within NYS Election Law Processes and Suffolk County State Supreme is going to listen and render vs passes the issue to 2nd Judicial.

Some more historical reasoning for my Case filling: 9-11 Primary Day-State of Emergency was rescheduled 2.5 weeks later, and fairness for Party Candidates and Delegates equally provided. However, Governor Cuomo and Pandemic Covid 19 State of Emergency simply eliminated my rights and it has been clouded by those local and regular media sources choosing to ignore my plight. Again, State of Emergencies do not eliminate Election Processes or the rights of Delegates and Independents to petition to gain access to the ballot. (Article 6)

I'm an expert in process and in emergency crisis management. Frontline Hero's are always the first priority and I will not say something different, but that concept can not cloud Election Law processes on the state level. Since 9-11; I was Regionally employed by NYS Legislature to assist with 9-11 benefits for front line heroes, introduced law to ensure that NYS Retired emergency service people, like Fire fighters, Police, Corrections who "responded, not necessarily because of leadership requests" got 9-11 benefits and placed on 9-11 Murals, Hurricane Sandy, H1N1 and before 9-11, HIV Confidentiality rules. None of these ended Democratic Election Law Fairness-this is why I'm Challenging Leadership-they're simply not alway correct, and we live in a Country where we can voice when changes are so desperately needed.

If we allow Delegating or Independent Petitioning to be eliminated this Election Season 2020; we simply have caved into Covid 19-the next terrorist.

You can reach me at maryannmaltesefornysassembly@gmail.com. I'm also fundraising; yes it's necessary as Candidates are required to use Campaign funding to pay for election costs and not tax payer dollars, or taxpayer services or hang posters in municipal public buildings or use municipal dollars to pay for political banners. I have an ACT Blue account, also donations can be made to "Friends of Maryann Maltese", and donation is welcomed.

Let's take back the 12th AD-where leadership is necessary.