Tag Archive: Supreme Court

Aug 12 2013

Erick Salgado Files Suit Against Quinnipiac Poll For Being Excluded

erick-salgado-2013Sole Latino candidate in NYC’s Mayoral race takes Quinnipiac University to Court over poll results.

[Press Release] Suit Calls for Quinnipiac to be Prohibited from Conducting Polls That Exclude Qualified Candidates

Attorneys for Erick Salgado, a candidate in the Democratic mayoral primary, filed suit today in Manhattan Supreme Court, seeking a temporary restraining order against Quinnipiac University Polling Institute (Quinnipiac) prohibiting them from “conducting and/or releasing any voter preference poll for the New York City Democratic mayoral primary which does not include all candidates qualified to participate (other than based upon voter preference polls) in the first primary election debate (sponsored by the NYC Campaign Finance Board).”

Quinnipiac has not included Salgado in the list of candidates their pollsters offer to those being polled.

The suit comes after Quinnipiac ignored a request from the Salgado campaign on June 28th to include his name in their poll. Despite the requests, Quinnipiac released a poll on July 29th that excluded Salgado.

 “How can a person being polled who wants to vote for me indicate their preference if my name is not provided as an option? Another candidate who has repeatedly polled 100 percent below me is included. I have to ask what is Quinnipiac’s motivation?” Salgado stated.

 Salgado was referring to the two most recent Marist polls that showed his support double that of opponent Sal Albanese, yet Quinnipiac included Albanese in their poll. 

Salgado also cited the results of the New York Times/Siena poll released late last week showing him three hundred percent ahead of Albanese and closely behind John Liu. Additionally, New York City’s largest Spanish language newspaper El Diario La Prensa found that Salgado had raised $100,000 from Latino contributors, 20 percent ahead of his closest opponent.

Salgado’s suit states, “Quinnipiac holds itself out on its website to be ‘known for its exactness and thoroughness.’ By representing itself to be independent, non-profit and non-partisan, Quinnipiac actively seeks to engender reliance and public trust in its reporting…A broad spectrum of audiences rely on the representations of Quinnipiac that its reporting is accurate and unbiased. The New York City Campaign Finance Board, for example, has specified a certain minimum ranking in the Quinnipiac Poll, or the poll from Marist College, to be a qualifying criteria for admission to the official New York City candidate debates. For that particular method of qualifying for the New York City mayoral debate, the only polls considered to be authoritative are the Marist poll and Quinnipiac.”

The suit further states, “Quinnipiac’s choice to withhold Mr. Salgado and conduct a poll listing choices of only 6 of the 7 Democratic candidates defies logic and can only be characterized as arbitrary, at best. Quinnipiac’s exclusion of Mr. Salgado cannot be inadvertent, and strongly suggests a calculated decision to silence a significant part of the minority electorate.”

 Salgado is the only Latino candidate in the race.

 “Quinnipiac describes itself as the provider of timely and accurate polls, known for its exactness and thoroughness, I believe that the poll’s actions regarding the exclusion of my name serve to disprove those claims,” Salgado said.

The court papers allege that the defendants have a duty to provide accurate and correct voter preference polls to plaintiff and others and that, in this case, imparted the incorrect information. The statements were made with fault amounting to at least negligence.

The suit asks for no less than $1.5 million in damages, to be determined at trial.

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Permanent link to this article: http://queens-politics.com/2013/08/erick-salgado-against-quinnipiac-poll-for-being-excluded/

Jun 25 2013

Supreme Court Guts Voting Rights Act In 5-4 Ruling, Ends Civil Rights Era

supreme_court_buildingA return to the old ways? Former Presidential candidate Howard Dean expressed his disapproval of the Court’s decision on FB alongside a bevy of candidates and elected officials. “The Court continues to destroy its own legitimacy as it descends further into politically based decision making. This decision ranks with Dred Scott, Citizens United and Bush v Gore among the most morally bankrupt and non-constitutionally based political decisions in the courts history.”

Sal Albanese, a candidate running for Mayor wrote on his FB, “In light of today’s terrible decision by the Supreme Court, I’m calling on the New York Congressional delegation – regardless of party – to unite behind new legislation that guarantees equal access to the polls for every American.

Mark Levine, a Democrat for a Manhattan based NYC Council Seat is also calling for action. “The Supreme Court’s blow to the Voting Rights Act leaves us no choice–we must push congress to take bold legislative action to protect every American’s right to vote in free and fair elections. Join the movement.

Article below:

[Huffington Post] The Supreme Court struck down Section 4 of the Voting Rights Act on Tuesday, the provision of the landmark civil rights law that designates which parts of the country must have changes to their voting laws cleared by the federal government or in federal court.

The 5-4 ruling, authored by Chief Justice John Roberts and joined by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, ruled in Shelby County v. Holder that “things have changed dramatically” in the South in the nearly 50 years since the Voting Rights Act was signed in 1965.

The court’s opinion said it did not strike down the act of Congress “lightly,” and said it “took care to avoid ruling on the constitutionality of the Voting Rights Act” in a separate case back in 2009. “Congress could have updated the coverage formula at that time, but did not do so. Its failure to act leaves us today with no choice but to declare [Section 4] unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance.”

The Voting Rights Act has recently been used to block a voter ID law in Texas and delay the implementation of another in South Carolina. Both states are no longer subject to the preclearance requirement because of the court’s ruling on Tuesday.

“Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions,” Roberts wrote.

“There is no doubt that these improvements are in large part because of the Voting Rights Act,” he wrote. “The Act has proved immensely successful at redressing racial discrimination and integrating the voting process.”

http://www.huffingtonpost.com/2013/06/25/voting-rights-act-supreme-court_n_3429810.html

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Permanent link to this article: http://queens-politics.com/2013/06/supreme-court-guts-voting-rights-act-ends-civil-rights-era/

Feb 12 2012

A Chief of Staff Loses His Appeal

Photo From NYPOST

Queens GOP Chairman Phil Ragusa vindicated in the court room after the Chief of Staff for Eric Ulrich, Bart Haggerty loses his appeal.

Courts squash Ognibene rebels.

A court decision lifts any lingering doubt to the authority of Queens GOP Chairman Phil Ragusa.

Last October, former. Councilman Tom Ognibene and Bart Haggerty, the Chief of Staff for Councilman Eric Ulrich had filed a petition in NY State Supreme Court to invalidate the Republican County Chairman Certificate, which authorized Phil Ragusa as the legitimate Chairman pursuant to election law.

The case was dismissed on procedural aspects because it was untimely. Simply stated, the case was not filed in time. But that wasn’t enough to squash the party’s infighting.

In response to the lower court’s ruling, Bart Haggerty filed an appeal with the Appellate Division of the Supreme Court that was subsequently struck down on February 7th 2012.

In the Matter of Bart J. Haggerty, appellant, v Queens County Republican Committee, et al., respondents-respondents, et al., respondent.

The petitioner failed to comply with the service provisions of the order to show cause dated October 7, 2011, as modified by a Justice of this Court on October 8, 2011, particularly with respect to the time by which service upon the respondents was to be effectuated. Accordingly, since strict compliance with the service provisions of the order to show cause is jurisdictional in nature, the proceeding was properly dismissed as untimely

The higher court affirmed the Judge’s decision, saying in essence, no way Bart, the lower Judge is correct.

The Chairmanship of Phil Ragusa for the Queens County Republican Party has ultimately been vindicated and lifted above suspicion, for now.

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Permanent link to this article: http://queens-politics.com/2012/02/a-chief-of-staff-loses-his-appeal/

Nov 09 2011

Election Results 2011

On Tuesday there was an election in Queens. Candidates for the Supreme Court were up for grabs, so was the office of Queens District Attorney.

  • Incumbent D.A Richard Brown  ran on the Democrat, Republican, and Conservative lines and won his sixth term. We heard it was a landslide. No surprise there.
  • The exciting races were in Nassau and Suffolk county. Queens-Politics was proud to endorse Carrie Solages for Nassau County Legislator, third district. Carrie was born in Jamaica, Queens and ran against a 16 year incumbent who hired klansmen to work on his campaign. Carrie won by over 1,200 votes. A big congratulations to him and his elite campaign team.
  • Staten Island D.A Dan Donovan, a Republican will have a third term in office.
  • Democrat Steve Ballone is the new Suffolk County Executor, which is like the Mayor of Suffolk County.
  • Republican James Milano, once known for a failed attempt to oust Congressman Gary Ackerman here in Queens, ran in Nassau County’s 16th District. It sort of went under the radar. Milano was one of those cut medicare and social safety net candidates. He ran on the Conservative and Republican ticket and lost by a wide margin. Milano is an E.R doctor, and he had a high school notion about government and public policy making.
  • We haven’t received the election results of Supreme Court Justices yet. Stay tuned.

D.A Richard Brown and I. He is soft spoken in public, but when he speaks, people listen.

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Permanent link to this article: http://queens-politics.com/2011/11/election-results-2011/


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