Special Election Law Issues with Executive Order 202.2-COVID 19

Maryann Maltese, Democrat-Candidate for NYS Assembly 12th AD, taking in portions of Huntington, North Babylon and West Islip Townships filed an Election Law Court Challenge to be listed on the ballot for the Special Election Cycle of the 2020 Elections Season. Maryann has 30 years of Political Campaign Management experiences and worked for Chairs of NYS Legislative Election Law Committees and because Maryann's rights were violated within EO 202.2 Election Law rules-she filed a complaint to be reviewed by Judicial Branches. When the NYS or Suffolk County Board of Elections invalidates a Candidates petitions-judicial review by State Supreme and or the Appellate Divisions is required, said Maltese

It's been 14 months since the public resignation of former NYS Assembly Member, Andrew Raia (Republican) and the original Special Election Date for the Seat was scheduled on April 26, 2020. That changed due to COVID 19 Matters-but Maryann is challenging the legality of NYS Board of Elections decision to invalidate her candidacy because the NYS BOE invalidated her Petitions due to not receiving the percentages required to be listed on the ballot. COVID 19 Social Distancing mandates took impact by Police Orders-negating everyone's ability to Gather, be within 6 feet of each other impacting the very nature of how a Candidate MUST physically ask for party registrants signatures during the Political Calendar's schedule. Petitioning is not solicitation-please make a note of that going forward and is the most fundamental aspect for private citizen to get on the ballot-by not signing one's petition-one who is registered to vote- is in fact not involving themselves within democratic election processes-this holds true for every Political Party allowed to operate within NYS, said Maryann Maltese. By signing one's Petition-it's an agreement between you and the candidate that you were asked/sworn in to agree to grant them the opportunity to run for office and gives You-the time going forward to hear this candidate or any candidate's platform before the Election, said Maltese. At times, there is confusion for voters because every candidate whether they are circulating their own petition or a petition listing themselves with other offices might be circulated for the same scheduled time frame, said Maltese. It's up to each candidate to communicate what the status is of their Campaigns Petitioning circulations; not the general publics-it's recommended to sign even if you're unsure if you signed a prior petition-this will be reviewed by NYS Board of Elections.

As this 12th NYS Assembly District's election was scheduled for April 26, 2020 prior to Pandemic COVID State of Emergency-Petitioning as the Democratic Delegate began on February 25 2020. Independent Petitioning for the NYS Assembly Seat 12 was to be scheduled on April 14, 2020-which never occurred-a violation of Article 6-NYS Constitution.

State of Emergency Matters, like COVID 19 or 9-11 Terrorist attacks DO NOT invalidate election processes because if they did-we would be a Dictatorship vs a Democratic form of government. Hence-my reason for filing my Election Law court challenge- to gain access to the Ballot for the 2020 Election Season for the 12th AD-which can be separated from this years General Election-which happens to also be the Presidential Election 2020. The Term of Office for NYS Assembly or NYS Senate is every 2 years-Presidential Election cycle every 4 years.

I'm a Political Scientist by one of my trades and I take responding to requirements to run for office serious and by NYS Board of Elections invalidating my petitioning signatures due to reduce time to collect them during State of Emergency Pandemic-is unconstitutional. Primarily so-because the Executive Order 202.2 pertaining to Election Law granted Political Party Candidates from every Political Party registered in NYS More time-extended time and reduced mine as the Citizen candidate or the Delegate-that creates a divide-it states in so many discriminatory ways-that a Delegate's right to social distancing extensions of time-the healthcare aspects of such during Petitioning Season is less valuable than a Party Candidate, it states that the elimination of time to gather and witness petition signatures due to COVID 19 social distancing matters is not important, it discriminates against me as a Female Candidate, or which the NYS Assembly 12th AD has never had a Female Member in Office, it violates my constitutional rights protected under the Voting Rights Acts of 1964 and 1965-and if I had not filed a Court Challenge-then I would be agreeing with the Leadership's decisions which in this area-are wrong.

The Judicial Branches have the right to hear or not hear cases-especially Civil matters as election law cases are that-CIVIL. It's not because I say so-it's how it's written in Statute-I'm not entitled to Legal Representation because it's not Penal Code matter. I don't agree with it because it's relevant that funds for Civil Matters needs to be implemented and funded so that when a Petitioner, files a CIVIL matter which could change Rules in which we operate-the right for the petitioner and legal counsel should be permitted to petition the Court to ask them to grant that legal fees be paid by Legal Funds. Presently-this does not exist for Election Law Matters-it Exists for Landlord-Tenant Matters-Legal Aide Helping those that face difficult civil procedures.

As a Woman of Process-the 100th Year of Suffrage-not being Granted a Hearing by Judicial -is once again shackling women, and the ability for Women to become leaders. It is eliminating the process for us regardless of color of skin-the Voting Rights Acts of 1964, 65 were to include black minorities, but the intention of the Acts includes Women. Judicial has the right to not hear cases-and in a Civil Matter-Lawyers can choose not to represent a Woman on Election Law matters and when an Attorney is not assigned for Election Law matter-it certainly resonates the feeling of discrimination, said Maltese.

Since Counsel has not agreed to sign on as my Counsel for the Election Matter-the Courts have denied Hearing the Matter, said Maltese.

The answer-to remind Counsel that sometimes they need to Step up and take on the Election Law Case in NYS that continues to sit on one desk, moves back and forth without resolve inside Judicial, said Maltese. It's interesting this season-because an Election Law Case was granted review by Suffolk Supreme-this season for the very same NYS Assembly Seat 12th AD; Polenz v. Marcantonio 2020-01569-which granted virtual hearing on Election Law Matters; but Maltese v. Hon. Cuomo & NYS Board of Elections 2020-01568-not granted virtual hearing on Election Matters-and I was advised by Suffolk Supreme-We don't hear Election Law Matters. A good question for the Judicial is Why? What is the Fear?

I support distribution of Absentee ballots and ease the process-this is separate from above-they'll be coded so voting more than once will not be registered. Not granting me an Election Law Hearing-violates ones right of access to the ballot-much more severe complaint. To get involved in Maltese's Election Court Challenge, contact Maryannmaltesefornysassembly@gmail.com