Maltese calls for Statewide Election Law Reform

Maryann Maltese, Challenging Democratic Candidate for NYS Assembly -filed an Election Law Court Challenge on March 30, 2020 with Suffolk Supreme Court-whereas the lower Court and now the 2nd Judicial-Appellate Division has denied her request of a virtual hearing of the Matter-asking her to pay additional fees to dismiss her case. Tonight-I rejected the 2nd Judicial's request to remove my Election Law Matter from the docket because I have not been granted a hearing-the most fundamental aspect of Judicial Review when a State Regulatory Agency invalidated my candidacy for NYS Assembly 12th AD on March 23, 2020 because EO 202.2 "reduced time to gather and witness fellow democratic voter's signatures which is required by State Law for one to access the Ballot to run for statewide elective offices, said Maryann Maltese.

In June 2019-former NYS Assembly Member for the 12th AD-Andrew Raia (Republican) resigned 6 months into the new term on the NYS Assembly Floor during Legislative Session. Mr. Raia said his farewell publicly but sat in the seat until December 31, 2019-6months after publicly resigning which is effective immediately, said Maltese. Why the former Assembly Member was allowed to remain in the Assembly Seat-after he himself-during Session on the Floor-resigned is a Question to ask Mr. Raia who subsequently ran for Huntington Township Position while sitting in the NYS Assembly Seat and the Suffolk Republican Party. The 12th Assembly District has been controlled by Suffolk County Republicans for over 40 years and a woman has never held the Seat. Another fun fact about Huntington Township separately from my Election Law challenge. Recently, Huntington Township passed Resolution 2020-333; eliminating NYS and NYC new hires from receiving Healthcare benefits or credit for Sick Days as of August 2020-what happens if one of these new hires is diagnosed with COVID19?- are we simply not going to pay them for sick leave or offer Health Insurance to them? That resolution was voted in favor by Huntington Councilman Edmund Smyth (republican)-Now announced State Senate Candidate for the 2nd District. To me-that Resolution sounds like it's in State Violation already- putting Huntington in an unnecessary position to be sued again-but here's a trivia question for all to ask-where do you stand on whether or not Huntington Township is right or wrong on the intent in Resolution 2020-333. I'm opposed to it because it violates the spirit of providing Township employees with Healthcare benefits-and it's an abomination-a host for future lawsuits to be filed-Go Huntington-Rah Rah. If the Councilman should win the State Senate Seat 2nd-will he like it or vote that NYS should prohibit former Huntington Township Member hires (Elected's are hires-or in NYS- we could legislate that language to say so) from Membership in NYS's Empire State Healthcare or not offer former Huntington Township Staffers not State Employees with a paid Sick day?

Back to NYS Election 2020 Matters-

In the 2020 NYS Special Election Cycle-4 NYS Legislative Seats were scheduled for Special Election on April 26, 2020. Below is the NYS Board of Elections Special Elections Political Calendar.

There are four special elections have been called to fill a vacant seat in the New York State Legislature.
Click here to read more about the special elections.
Senate special elections called:

• District 50: June 23 (canceled)

House special elections called:

• District 12: June 23 (canceled)-DUE TO COVID 19 NYS State of Emergency
• District 31: June 23 (canceled)
• District 136: June 23 (canceled)

How vacancies are filled in New York

If there is a vacancy in the New York Legislature, "a special election must be held" to fill the vacant seat. A special election can be held as long as the vacancy occurred before April 1. If a special session is called in the state legislature after April 1, a special election may be called to fill the seat. The person elected to fill the vacant seat serves for the remainder of the unexpired term.

On February 16, 2020-being an invited candidate-I attended a meeting of Suffolk County Democratic Party-but was not introduced or permitted the opportunity to speak-but once I stepped into the meeting called for 8:30am at 8:40am-Suffolk County Democratic Party was in the middle of a Roll-Call Vote for Party Selection. At that Meeting-I asked another selected candidate-were you introduced? He advised me he also was not introduced at the Meeting while the Chairman proceeded to call names for an outdated list of Democrats for a roll call vote at this meeting scheduled to first-introduce candidates, then give each 3-5 minutes of floor time, then a roll call vote. None of these 3 items that Robert Rules of Order require were implemented before this meeting or during the meeting. I was not extended Professional Courtesy as a Professional Woman of Process of 30 years at this Meeting whereas I was invited to introduce myself before voting members-it was a disgrace and after speaking with a fellow candidate-I raised my hand to interrupt this Chairman who makes $120,000 in that position alone-"why have you not introduced any one who is interested in running for this seat?" The Chairman laughed, waved his hand at me-to dismiss me and continued to advise me.."Oh Maryann...everyone knows everyone..and oh by the way everyone..this is Maryann-Perhaps you've seen her Posters around town-they're cute!" I guess he thought this was allowable banter-I'm not exactly sure why-as I don't have a personal relationship with the Chairman-nor am I dating him. I guess he forgot my resume. That was my introduction after 30 years Managing Federal and State Campaigns.

Thankfully-I walked in with a supporter who can back me up on the way in which Suffolk County Democratic Party unprofessionally represented the Chapter of the Statewide Party. While sitting there contenting to listen to.this so call roll call vote being taken; a Douglas Elliman associate sat behind me with her hands on his shoulders casting her vote for "the next Party Candidate"-subsequently Douglas Elliman revoked my RE Sales licensure based on this persons unfounded, unwarranted, unprofessional reasons. I have filed a private complaint against Douglas Elliman for taking the side of this individual and it will be dealt with. After 20 minutes of this unbelievable poor behavior- I excused myself from the Meeting-prepared and ready to Petition against Suffolk County Democratic Leadership. After 30 years of Political Campaign Management-I never witnessed before-such arrogance-but that will be dealt with and removal of the Chairman might be warranted effective immediately.

On February 25, 2020-Delegate petitioning calendar commenced for the 12th Assembly District seat. I and along with a few Volunteers began the petitioning process and we gathered and witnessed.

On March 7, 2020-COVID 19 State of Emergency Pandemic was called-Police State requirements effective. Party Candidates received extended time frames to hand in Petitions and/or accepting Parties nomination. Delegate Petitioners received reduced time frames to hand in Petitions by 13 days with no guidelines to follow-but every 15 minutes the Executive was on TV from March 7-17 advising New Yorkers on the severity of a pathogen pandemic-and to please adhere to 6 feet social distancing orders, do not open your doors, stay home-how does a Delegate comply with new EO 202.2 requirements? One simply could not-and I went out to petition, but the NYS Board of Elections invalidated my candidacy. Prior to EO 202.2; NYS Board of Elections Petitioning Deadline was scheduled for March 30-losing 13 days of time is a death sentence for the Petitioner during Normal scheduling-but for the Governor to create a hostile environment further by drawing the line in the sand to point out discriminatory differences (Black and white) between Political Party Candidates and Delegates during State of Emergency Health Care Pandemic is the worse Political Call I have seen. 9-11 was Statewide Primary Day and all of us-Political Party Candidates and Delegates-received equal fairness of extended time frames to hand in qualifying paperwork after the attacks-because quite frankly perhaps the incumbent or the challenger after witnessing 9-11 event would want to concede-that's why fairness was issued. 9-11 was the worse assault on our Election processes right here on our Soil-not over seas-and our Court System which has the Ability to review Election Law Matters continues to deny me a hearing.

As mentioned above-as the 12th AD was vacated before April 1, 2020-A Special Election must be scheduled-it can not be lumped in with the General Election of this November 2020-it is Constitutionally mandated to have one-even Pandemic COVID 19 doesn't permit such removal of an entire Election Process. I have not dismissed my Complaint and I don't intend too-because by doing so-would high-five or agree with Democratic Leadership Decision Making-and support the terms of the EO 202.2 on Election Procedures.

The 12th AD Special Election cycle due to my Court Challenge filed, Maltese v. Hon. Andrew Cuomo and NYS Board of Elections 2020-01568, met all the filing requirements to be heard. As such-A Special Election, a Primary after that if the Democratic Candidate wins or won the Special Election would be required to be scheduled, and then a General Election too-all within 2020- because of the Former NYS AssemblyMembers resignation permits this scheduling through December 31, 2020, said Maltese.

An apology from Chair of the Suffolk County Chairman at his point is simply not acceptable-but a hearing at the Appellate Division of the 2nd Judicial is a MUST-because my reputation as a Former NYS Legislative Employee is outstanding-and to allow a few bullies or unprofessional leaders to obstruct it-is absurd, said Maltese. At this weeks, National Democratic Convention continues-I truly hope Leadership from the past and Leadership present hear my words-I'm not conceding-but will file an additional Appellate Motion to ensure that Election Law Protocols are in Place when State of Emergency issues happen because -we don't have Election Law Emergency Court procedures to clearly follow since the 9-11 Terror Attacks on NYS Soil-and that is a significant reason for my Court Challenge to continue, said Maltese. Denying me a Hearing Virtually or in Person as Election law cases are consider Emergency fillings is also a violation of 19th Amendment, and the Voting Rights Acts of 1965-1965-hopefully this week the 2nd Judicial will have better clarity.

To get involved with Maryannmaltesefornysassembly@gmail.com-reach out immediately. To Volunteer on her Legal team so that real changes happen-please reach out asap. Together-we can be the change.