- By Dan Veaner
- News
"Part of the reason I don't understand your letter is there really are no facts in there," said Baker. "I don't know what you are talking about. And I've always thought we are not even supposed to discuss election matters in board meetings."
Village Attorney David Dubow agreed. Dubow explained that election conduct is under the jurisdiction of New York State, not individual municipalities. He said that there are guidelines in place and procedures for making complaints. He also noted that particularly because of enforcement issues it would be problematic for the Village to put its own election laws or guidelines in place.
"It's pretty unusual," he said. I'm not aware of anyone having local provisions, because they basically defer to the State provisions in terms of the terms themselves and the procedural aspects of how this has to be handled. To the extent that there are some allegations that there was improper conduct, New York State election law section 3-106 provides for a fair campaign code. It provides guidelines and restrictions on how things should be handled. The procedure is to go to the State if somebody chooses to do that."
A letter accusing Community Party members of election malfeasance, including voter intimidation and removing VOTPP yard signs was submitted to the Village Board of Trustees and the Lansing Star on June 4th. Here are links to that letter and replies from CP members: Yasamin Miller and Brian Goodell Community Party Executive Committee Richard Durst Anne Furry | ||
O'Neill agreed, saying, "I think the letter should go to the Community Party."
The argument, which became heated at times, came down to two point: first, that election law is under New York State jurisdiction so should not be part of a village governmental discussion, and second, that the letter should have been sent to the Community Party leadership rather than the Village government.
"The problem is that there is really no distinction between the Community Party and the Board of Trustees," Miller replied. "Officially there is, but practically there isn't. You are all Community Party people. You have been Community Party people for at least a decade. Your Planning Board is Community Party people, and if they are not they are highly encouraged to join the Community Party. Sometimes I come in here and wonder 'what country am I in?'"
"We're not in America if there's only one party," Goodell agreed.
Community Party members agreed with Dubow that there is a distinction between a political party and a government.
"Mr. Goodell just said that if he had an issue with you he would go to you and try to resolve it," said Robert Schleelein, who was Baker and O'Neill's campaign manager. "Yet the Community Party has never officially received these letters. They were presented to this board and then they were published in the newspaper."
Goodell challenged Schleelein, implying that Schleelein thought he embodied the Community Party, and saying he did not want to bring election issues to him.
"I've had to suggest very strongly twice now, that we have civilized discussions," Mayor Donald Hartill (CP) said.
But Miller and Goodell said they didn't see why the parties couldn't agree on election behavior on a local basis. Goodell said he would like to talk to Baker and O'Neill face to face. O'Neill refused, saying that both sides should read the State law before discussing the issues. But Baker said she was willing.
"I would be happy to sit down with both of you so I can understand this," Baker said. "I would actually prefer talking about it rather than trying to imagine what you mean in these accusations. I am clueless about some of these things. John Dennis is not here to defend himself, but he did talk to you at the forum. I don't know if talking is going to be enough, but I would be happy to talk with both of you about it."
"I think it's not unreasonable to have a set of guidelines of conduct," Miller said. "I don't want anybody else to experience what we had to go through, and it was really unpleasant. You can argue with me all you like as to how we got to this point. But we got to this point."
Miller's letter made accusations of voter intimidation by Community Party members, misrepresentation, and removal of Voice of the People Party yard signs before the election.
Miller suggested four guidelines and suggested Community Party members could submit additional ones. She proposed that party members must disclose their party affiliation when interacting with the opposition or other registered voters. Deception will not be tolerated, removing/destroying/tampering with party member political signs is illegal, intimidation and harassment of Village residents will not be tolerated, and party members should act in a respectful manner when engaging with the opposition andwhenever in a public event where village residents are in attendance.
Dubow reiterated that procedures and guidelines are already in place in state law.
"This is really a party versus party issue: it's not the Village," he said. "It's not somebody who said that somebody violated an election law provision while the polling was going on. This is just somebody saying that they don't like the way somebody campaigned. That's why they have this (state) campaign code."
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