Maryann Maltese FOIL's NYS Board of Elections

Maryann Maltese sent FOIL request today to NYS Board of Elections demanding a copy of Governor Cuomo's original Executive Order EO 202.2 of March 7th, 2020; drawing the line and creating differences between Party Candidates and Delegate and or Independent Petitioners right to "extended time frames or postponed time frame during COVID 19 Pandemic State of Emergency".

Cuomo's EO 202.2 order unconstitutionally eliminated my opportunity to have my name of the ballot by not providing me with the same "constitutional right" to "witness and gather fellow party registrant's support" during Covid 19 Pathogen Pandemic, said Maryann Maltese. By requiring me to contenting petitioning instead of postponing it for the 12th AD and moving time frames to submit documents later on as the Governor has done for Party candidates, as well as School Board Elections is a violation of Article 6-136. A delegate or an independent petitioner has the right of 37 days of time to witness and gather petitioner signatures. Once the Governor realized that COVID 19 was contagious-pathogen oriented and did not "grant me equal protections under law to postpone gathering and witnessing of petitioner signatures-the Governor discriminated against me by stating "My healthcare rights and those that petitioned for me during Covid 19 are not as valuable as Party Candidates who received extended time frames or postponed elections to ensure Public health safety measures were in place.
Maltese's Letter to NYS Board of Elections dated July 11, 202; below
Dear Commissioner Seggos:

I submitted a FOIL(Freedom of Information Law) request for a copy of Governor’s March 7, EO 202.2 Order wherein he declared two different aspects within the order which presently is publicly unviewable on NYSBOE due to some Agency updates. The existing political calendar posted on NYS Board of Election's website does not presently contain the Governor's declaration and full language he declared on March 7, 2020.

On March 7, 2020-Governor Cuomo publicly stated in his EO 202.2 pertaining to Article 6; that Delegate petitioning for the 12thAD (Special Election District) petitioning which kicked off prior to Pandemic on February 25, 2020; timeframe and percentages changes of witnessing and gathering fellow voter registrant’s from 500 to 30% thereof and reduced time of compliance from March 30th deadline to March 17th, 2020 at 5pm; AND provided “indefinite extension of time for Party Candidates to hand in their supporting documentation to gain access to the ballot”.

The Executive Order 202.2 of March 7th, was enforced prior to legislative enactment indefinitely eliminated Independent Petitioning for the 12th NYS Assembly District which was to kick off on April 14, 2020.

My letter sets out my request for a full FOIL breakdown provided to me of the Governor’s orders from March 7-March 20th, 2020 whereas he made declarations without Legislative enactment to support his EO 202.2 which I believe are in violation of Article 6-136-pertaining to delegate or independent petitioners right or as we call it citizen rights non-political party candidates right to access the ballot.

Excerpt for Maltese's letter to the Commissioner of NYS Board of Elections dated July 11, 2020 below:

"I realize the agency has 30 days, but I would appreciate expedited service because I’m a delegate candidate for NYS Assembly 12th AD with a pending Court Challenge-Index Number 2020-10568

As Agency updates information daily; the March 7th EO 202.2 has been subsequently amended also granting extended time frames for School Board Elections due to know Pathogen transmissions but again, the Governor did not do so for the 12th AD as a delegate or as an Independent Petitioner."

"Article 6 does not recognize or accept there are differences between candidates during State of Emergency Health Pandemics and therefore I have filed a Court Challenge; Maltese v. Governor Cuomo & NYS Board of Elections; Index Number 2020-01568", said Maryann Maltese.

I'm hopeful that my Court Challenge will be heard asap because as it's the 100th year of Women's Suffrage movement; women have ONLY been permitted to be eligible to be elected as Leaders for 100 years. Images provided with my article are from the Women's right to vote Movement throughout the decade; portraying women behind bars fighting for their civil right to cast a vote. That step in 1920 was the first step towards women running for Elective Office.

I have worked 30 years as Campaign Manager for Federal and State races; many candidates have been women; but not all of them-most notable race won; the Hon. Grace Meng-2nd Chinese American to win a seat in the United States Congress.

"The symbolism of Women behind bars is very similar to day's political environment as a Female candidates, like myself, who have been denied extended time to petition as a private citizen while Party Candidates received due process of extended time frames reminds me of when women walked the walk protesting for their rights. My court challenge is my protest on behalf of women who submit applications and resumes to run for office, but do not receive Professional Courtesy from the Suffolk County Party Chairman during a nomination committee meeting", said Maryann Maltese

"If I had not stood up in the meeting to ask the Chairman-why have you not introduced all candidates; the roll call vote would have continued", said Maltese. Suffolk County Chairman's behavior is not commendable nor is it a reflection of what the Democratic Party stands for. In my 30 years as a Campaign Manager; I have never witnessed a Party Chairman; believe himself to be a Czar, and get away with "not introducing all candidates in the room so that Fellow Party Members have an opportunity to meet Candidates before a roll call vote", said Maryann Maltese-Candidate for NYS Assembly 12th AD.

Subsequently, I was denied placement on the ballot because the Governor did not grant me the same equal protection under the law to have petitioning for the 12th AD postponed until further notice as a Democratic Delegate. Petitioning commenced February 25th, COVID Pandemic 19 Social Distancing Police Mandate State of Emergency enacted March 7, 2020-is the back drop for not being allowed to meet candidate election requirements. This isn't a loss, but a cowardly move by Suffolk Supreme to "not grant me a virtual hearing" on the matter. Suffolk Supreme's continued resistance is a reflection of "those women 100 years ago standing behind bars asking for the right to vote", said Maryann Maltese.

The Primary process is the citizens process to have access to the ballot, many women petition still to be listed on the ballot-they are not always chosen by a Political Party; but if we allow Party Chairmen to be over zealous by not following National Party requirements of providing a candidate with an introduction, 3-5 minutes time before fellow Party Members to discuss their reasons and platform, on top of the Governor drawing the line in the sand between the healthcare rights of Party Candidates being more valuable then Delegates during Pandemic State of Emergency, and then for Suffolk Supreme Court to stifle or silence my complaint rendering decisions that "they don't want to provide me with a hearing"-then the question leads us to see the true reflection of where we stand as Women 100 years later-back behind those prison bars.

I filed my election law complaint to ensure that the Court recognizes my Professional Background and how the entire process has been discriminatory towards me and for the result of this case to allow Women be heard. Court Venues which have jurisdiction to hear my complaint actually perform the function that their Judiciary Branch was created to do and not to hide behind the court's rendering; "We don't want to hear your case-this is the wrong Jurisdiction". That answer by Suffolk County Supreme is the wrong answer on so many levels- as Suffolk Supreme Court is the right court jurisdiction to review a State Regulatory's denial. A leader is someone that stands up and uses their voice to advocate when it is necessary and when repeated injustice occurs and this court case is necessary to be heard. "Maltese v. Hon. Andrew Cuomo and NYS Board of Elections-Index Number 2020-01568.

To show your support for the Cause-the right for citizens to have extended time frame to qualify for the ballot; email Maryann's campaign @ Maryannmaltesefornysassembly@gmail.com or friend Maryann on Facebook. To volunteer, please reach out.