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THE BALLOT BATTLE CONTINUES
Carole Osterink
ccSCOOP Editor
12-05-09 - 8:30 a.m. - On Friday, December 4, Judge Jonathan A. Nichols rendered a decision in the case of the challenged absentee ballots from Taghkanic. He denied the motion to dismiss the challenges, brought by Kathleen O’Keefe, representing Christopher Nolan, chairman of the Columbia County Democratic Committee, and the Taghkanic candidates endorsed by the Democrats, and the case will move forward. According to Judge Nichols’ ruling, the motion to dismiss was based on a “defense founded on documentary evidence,” and the evidence provided “fails to address, much less negate, the Petitioners’ cause of action.” |
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Protesters outside the Columbia County Courthouse on
November 30 when the hearings began. |
Judge Nichols’ decision opens the door for the Republican legal team, led by James Walsh and John Ciampoli, to subpoena a laundry list of documents from the sixty-six Taghkanic voters whose ballots have been challenged on the issue of residency. The list consists of thirty-seven items—everything from federal income tax returns (for the past three years) and records of political donations (for the past seven years) to EZ Pass records, newspaper and magazine subscriptions, library cards and memberships in health clubs, gyms, social clubs, political organizations, unions, and “Any solicitations you may have received from any political party or candidate asking you to register to vote in Columbia County.”
The footnote to the list states that “The nature of the information sought by this subpoena is that relating to your residence address outside Columbia county.” The focus on the voters' residence outside Columbia County is puzzling in light of the fact that Walsh said in court on Wednesday "We're not here saying all second-home owners shouldn't be allowed to vote [in Columbia County]" and "We're not challenging registration; we're challenging votes."
Also announced on Friday was a change in venue for the ongoing court case. Henceforward, the case will be heard not at the Columbia County Courthouse but at the Elks Club at 201 Harry Howard Avenue in Hudson, adjacent to the Hudson High School parking lot. The reason for the move is accessibility. The previous two hearings have drawn crowds of spectators. On Monday, November 30, the hearing took place in the large courtroom on the second floor of the courthouse, but the second floor of hundred-year-old Beaux Arts courthouse is not handicapped accessible and Betty Young, Republican candidate for Taghkanic Town Supervisor and one of the petitioners in the lawsuit, now has a leg brace and walks with crutches. On Wednesday, December 2, lawyers, petitioners, respondents, spectators, and the press all packed into the small courtroom on the first floor of the courthouse normally used by the Surrogate Court. Many stood or squatted on the floor. Since even more spectators and members of the press are expected as the court battle continues, the case was moved to the new venue.
The hearings resume at 10:30 a.m. on Monday, December 7. First to be considered are the challenges brought against Taghkanic voters for reasons other than residency and then the case against Democratic Commissioner of Elections Virginia Martin will be heard. On Tuesday, December 8, the hearing will begin at 9 a.m. |
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The Columbia County Courthouse
The Elks Club |
Previous ccSCOOP articles on the challenged ballot issue:
"The Issue Is Residency" - December 3, 2009
“Déjà Vu All Over Again” – November 30, 2009
"A Long Day at the BOE" - November 18, 2009
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