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NEW YORK LAW JOURNAL
Election Day Disputes
Continued from page 1
officials said. The polls open at
6 a.m.
In addition, support crews
comprised of a court attorney,
reporter, interpreter and court
officer will be stationed at all
election court sites in anticipation of the reserve justices being
activated. Support crews will also
be working for the 15 non-reserve
justices.
Jonathan Lippman, presiding justice of
the Appellate
Division, First
Department,
said his court
will be ready
to handle any
appeals from Justice Lippman
rulings by the
Supreme Court justices.
“We will have people on call,”
Justice Lippman said Friday.
“Everyone will have our chief
clerk’s number.”
Outside of New York City, court
staffing will be the same as in
previous elections except for
Nassau County, where five additional judges will be assigned to
hear voter eligibility cases. Six
judges normally are assigned
to election day duty in Nassau
County, according to David Sullivan, chief of staff to Jan H. Plumadore, deputy chief administrator for the courts outside of New
York City.
Voter enrollment in Nassau
County, where there are under
1 million registered voters, has
increased by about 40,000 since
March.
Help for Voters
On election day, around 20 law
students from Hofstra Law School
will represent
voters who are
petitioning to
cast their ballots.
According to
professor Stefan Krieger, for
the first time,
student representation will Stefan Krieger
be available
throughout the day at the court
complex in Mineola.
“We were approached by the
representatives of the Republican
and Democratic parties on Long
Island and they told us that in the
past, volunteer lawyers had represented clients and they asked
if law students would do it, so
we signed up,” Mr. Krieger said
in an interview.
Mr. Krieger said he did not
expect problems, noting that
the students were trained in a
three-hour session that covered
procedural and ethical aspects of
the law. Professor Serge Martinez
also will be on hand to supervise.
The Asian American Legal
Defense Fund also said it will
have attorneys and volunteers
tomorrow in 11 states with high
Asian populations, including New
York, to monitor polling sites for
compliance with the Help America Vote Act and to make sure voters are given provisional paper
ballots if their names are not on
voting rolls.
State administrative judges are
required to designate at least one
judge in each county who is available to adjudicate voter eligibility disputes on both primary and
general election day.
People prohibited from voting,
typically because their names are
not on the voter rolls maintained
by local boards of elections, have
the option of seeking a judge’s
approval to cast their ballots
on voting machines or to fill out
paper affidavit ballots on which
they attest to having properly
registered.
Local boards of elections later
check registration materials and,
if those casting affidavit ballots
are found to be eligible to vote,
their votes are counted.
Thomas Spargo, an election
law attorney and former Supreme
Court justice, said affidavit ballots guarantee that the votes of
legitimately registered voters are
counted. But some voters like
the “regularity of the balloting
process” on voting machines and
“they want to attend to it that
day” by seeking authorization
to vote from a judge, Mr. Spargo
said.
New Voting Machines
This will be the first election in
which electronic ballot-marking
machines will be available for the
handicapped at all polling places
in New York. Most voters will
continue to use the traditional
lever-action machines.
John R. Parete, an Ulster County Board of Elections commissioner, said Friday that “getting
the logistics down for the new
machines is causing us as much
work as anything” in preparing
for tomorrow’s balloting.
The electronic machines are
the first step in the phasing out of
the mechanical voting machines
that have been used for decades
in New York. The 2002 federal
Help America Vote Act requires
that all votes nationally be cast
electronically.
The Department of Justice
sued the state in 2006 to force
compliance with the act. Northern District judge Gary E. Sharpe
is monitoring the suit.
The state missed a deadline to
have the new machines in place
in time for the 2008 elections.
Indications in recent months
from the state Board of Elections to Judge Sharpe have been
that the new deadline of the
2009 elections for having the
electronic machines in place may
be missed because of problems
revealed by tests on the new
machines.
Joel.Stashenko@incisivemedia.
com; [email protected]
Monday, November 3, 2008
Judicial Candidate Ratings
New York City
Court
System
New York City
Bar Association
Brooklyn Bar
Association
Queens Bar
Association
Richmond
County Bar
Association
Lesbian, Gay,
Bisexual and
Transgender Law
Assoc.
New York
[County]
Women’s
Bar Assoc.
Manhattan
Supreme Court
1st District
(4 open seats)
Marcy L. Kahn
D, R
Qualified
Approved
Highly Approved
Approved
Martin Schoenfeld
D, R
Qualified
Approved
Approved
Approved
Judith J. Gische
D
Did Not Participate
Approved
Highly Approved
Approved
Shirley Werner Kornreich
D
Did Not Participate
Approved
Highly Approved
Approved
Surrogate Court
(1 open seat)
Nora S. Anderson
D
Qualified
Approved
Highly Approved
Did Not
Participate
Civil CourtCounty
(1 open seat)
Nancy M. Bannon
D
Qualified
Approved
Approved
Approved
Civil Court
1st District
(1 open seat)
Frank P. Nervo
D
Qualified
Approved
Highly Approved
Approved
Ariel E. Belen
D, R, C
Qualified
Approved
Approved
Highly Approved
Gloria M. Dabiri
D, R, C
Qualified
Approved
Approved
Did Not Participate
John M. Leventhal
D, R, C
Qualified
Approved
Approved
Highly Approved
Plummer E. Lott
D, R, C
Qualified
Approved
Approved
Approved
Ellen M. Spodek
D, R
Did Not Participate
Approved
Approved
Highly Approved
Marsha L. Steinhardt
D, R, C
Qualified
Approved
Approved
Highly Approved
Richard Velasquez
D
Did Not Participate
Not Approved
Approved
Did Not Participate
Paul Wooten
D
Did Not Participate
Approved
Did Not Participate
Did Not Participate
Paul M. Atanasio
C
Did Not Participate
Not Approved
Not Approved
Did Not Participate
Alice Fisher Rubin
D
Qualified
Approved
Approved
Highly Approved
Vincent F. Martusciello
R, C
Did Not Participate
Not Approved
Not Approved
Did Not Participate
Loren B. Schiffman
D
Qualified
Approved
Approved
Highly Approved
Theodore Alatsas
R, C
Did Not Participate
Not Approved
Not Approved
Did Not Participate
Ingrid Joseph
D
Qualified
Approved
Approved
Did Not Participate
Approved
Brooklyn
Supreme Court
2nd District
(8 open seats)
Civil CourtCounty
(3 open seats)
Philip J. Smallman
R, C
Did Not Participate
Approved
Civil Court
1st District
(1 open seat)
Devin P. Cohen
D
Did Not Participate
Not Approved
Civil Court
4th District
(1 open seat)
Lisa S. Ottley
D
Did Not Participate
Approved
Did Not Participate
Supreme Court
12th District
(1 open seat)
Alexander W. Hunter Jr.
D
Qualified
Approved
Approved
Highly Approved
Raphael R. Savino
R, C
Did Not Participate
Approved
Approved
Did Not Participate
Civil CourtCounty
(1 open seat)
Elizabeth A. Taylor
D
Did Not Participate
Approved
Approved
Did Not Participate
Marcos A. Pagan III
R, C
Did Not Participate
Not Approved
Not Rated
Did Not Participate
Orin R. Kitzes
D
Qualified
Approved
Approved
Approved
Did Not Participate
Bronx
Queens
Supreme Court
11th District
(7 open seats)
Qualified
Did Not Participate
Jaime A. Rios
D
Qualified
Approved
Qualified
Did Not Participate
Sheri S. Roman
D
Qualified
Approved
Qualified
Did Not Participate
Frederick D.R. Sampson
D
Qualified
Not Rated
Qualified
Did Not Participate
Martin J. Schulman
D
Qualified
Approved
Qualified
Highly Approved
Bernice Siegal
D
Did Not Participate
Approved
Well Qualified
Did Not Participate
Robert Beltrani
R, C
Did Not Participate
Not Approved
Not Rated
Did Not Participate
John F. Casey
R, C
Did Not Participate
Not Approved
Not Approved
Did Not Participate
Peter Finocchiaro
R
Did Not Participate
Not Approved
Not Rated
Did Not Participate
Anthony L. Fumerelle
R
Did Not Participate
Not Approved
Not Rated
Did Not Participate
Joseph F. Kasper
R, C
Did Not Participate
Not Approved
Not Rated
Did Not Participate
Kerry John Katsorhis
R, C
Did Not Participate
Not Approved
Qualified
Did Not Participate
Lee A. Mayersohn
R, C
Did Not Participate
Approved
Well Qualified
Did Not Participate
Joseph W. Sanscrainte
R
Did Not Participate
Not Approved
Not Rated
Did Not Participate
Civil CourtCounty
(2 open seats)
Terrence C. O’Connor
D
Did Not Participate
Not Approved
Not Rated
Did Not Participate
Carmen R. Velasquez
D
Did Not Participate
Approved
Qualified
Did Not Participate
Civil Court
4th District
(1 open seat)
Pam B.
Jackman-Brown
D
Did Not Participate
Approved
Qualified
Did Not Participate
Judith N. McMahon
D, C, WF
Did Not Participate
Approved
Approved
Did Not Participate
Philip S. Straniere
R, I
Did Not Participate
Approved
Approved
Did Not Participate
Staten Island
Supreme Court
13th District
(1 open seat)
Long Island
Mid-Hudson Valley
Court System
Nassau County
Bar Association
Suffolk County
Bar Association
Court System
Dutchess
County
Bar Assoc.
Nassau
Supreme Court
10th District
(4 open seats)
Bronx Bar
Association
William J. Condon
D, R, C, I
Did Not Participate
Did Not Participate
Jerry Garguilo
D, C, I
Qualified
Did Not Participate
Orange
County
Bar Assoc.
Rockland
County
Bar Assoc.
Westchester
County
Bar Assoc.
Westchester
Women’s
Bar Assoc.
Dutchess
Surrogate’s
Court
(1 open seat)
James
Pagones
R, C, I
Qualified
Well Qualified
Family Court
(1 open seat)
Joan Posner
D, I, WF
Qualified
Well Qualified
Thomas
O’Neil
I
Did Not
Participate
Qualified
Stephen R.
Hunter
D, WF
Did Not
Participate
Highly
Qualified
Robert A.
Onofry
R, C, I
Qualified
Highly
Qualified
Hector D. LaSalle
D, C, I, WF
Qualified
Did Not Participate
Edward A. Maron
D, C, WF
Did Not Participate
Well Qualified
Kenneth A. Davis
R, I
Did Not Participate
Well Qualified
Patricia Filberto
R
Did Not Participate
Did Not Participate
Robert A. Lifson
R, WF
Qualified
Did Not Participate
Orange
Robert A. Bruno
D, R, C
Did Not Participate
Well Qualified
Michael A. Ciaffa
D, I, WF
Did Not Participate
Well Qualified
Surrogate’s
Court
(1 open seat)
Tricia M. Ferrell
D, I, WF
Did Not Participate
Well Qualified
Fred J. Hirsh
D, I, WF
Qualified
Well Qualified
Rockland
Francis D. Ricigliano
D, I, WF
Qualified
Well Qualified
R, C, I
Qualified
Well Qualified
Thomas E.
Walsh II
Did Not
Participate
Did Not
Participate
Terence P. Murphy
R, C, I
Did Not Participate
Well Qualified
Surrogate
Court
(1 open seat)
D, C, I, WF
Dana M. Jaffe
Ignatius L. Muscarella
R, C, I
Did Not Participate
Well Qualified
Family Court
(1 open seat)
William P.
Warren
D,I,C,WF
Did Not
Participate
Approved
District Court
4th District
(2 open seats)
Angelo A. Delligatti
D, R, C, I
Did Not Participate
Well Qualified
Westchester
Martin J. Masell
D, R, C, I
Did Not Participate
Well Qualified
Well Qualified
D, R, C, I, WF
Did Not Participate
Well Qualified
Did Not
Participate
Well Qualified
Norman St. George
Susan M.
Capeci
D, WF
County Court
(1 open seat)
County Court
(1 open seat)
Not Qualified
D, C
Did Not Participate
Well Qualified
Did Not
Participate
Not Qualified
Robin M. Kent
Raymond W.
Belair
RL
Family Court
(1 open seat)
Carnell Foskey
R, I, WF
Qualified
Well Qualified
District Court
2nd District
(5 open seats)
Suffolk
Suffolk County Court
(3 open seats)
Joseph Farneti
D, R, C, I, WF
Qualified
Qualified
James F. Quinn
D, R, C, I, WF
Qualified
Qualified
Jeffrey Arlen Spinner
D, R, C, I, WF
Qualified
Qualified
Family Court
(1 open seat)
David R. Freundlich
D, R, C, I, WF
Qualified
Qualified
District Court
3rd District
(2 open seats)
William A. Cadel
D, WF
Did Not Participate
Qualified
Gary P. Field
D, WF
Did Not Participate
Qualified
Stephen Hackeling
R, C, I
Did Not Participate
Qualified
Paul M. Hensley
R, C, I
Qualified
Qualified
District Court
4th District
(1 open seat)
William G. Holst
D
Did Not Participate
Qualified
John J. Toomey Jr.
R, C, I, WF
Did Not Participate
Qualified
District Court
5th District
(2 open seats)
William G. Ford
D, I, WF
Did Not Participate
Qualified
Jennifer A. Henry
D, R, C, I
Did Not Participate
Qualified
Cameron Alden
C
Did Not Participate
Qualified
Stephen L. Ukeiley
D, WF
Qualified
Qualified
Howard M. Bergson
R, C, I
Qualified
Qualified
District Court
6th District
(1 open seat)
Party Key:
D - Democrat
R - Republican
C - Conservative
I - Independence
WF - Working Families
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