Tuesday, October 9, 2012
BUREAUCRACY TRUMPS DEMOCRACY: JUDGE AGREES WITH RUSSELL GALLO – BUT CALLS NEW PRIMARY “IMPOSSIBLE”
Court Finds Poll Inspectors Created Enough Irregularities To Invalidate Results; Denies Relief Because of “Timing”.
BROOKLYN, NY -- Russell Gallo, the Iraq War veteran running for State Assembly in the 45th District located in Southern Brooklyn, stated that he will not appeal the decision of Brooklyn Supreme Court Justice David I. Schmidt denying his Petition demanding a new primary - despite also ruling that he deserves one!
In a contradictory 13-page decision, Judge Schmidt acknowledged that Board of Elections incompetence caused 2 out of every 5 Independence Party members in Brooklyn's 45th Assembly District to be given the wrong ballot -- a ballot for the Democratic Party primary -- which resulted in Gallo “losing” by 3 votes. Schmidt even agreed that Gallo's suit was "meritorious" and that the irregularities made it impossible to determine who won.
However, Judge Schmidt refused to invalidate the results of the September 13th Primary and order a new election because the Board of Elections, which is responsible for the Primary day screw-up, claims that there isn't enough time to fix their mess.
In his Petition, Gallo presented evidence that at least 4 voters received the wrong ballots and wrote-in his name as their choice of candidate, which would have given Gallo a one vote edge. Further investigation by the Gallo campaign revealed that at least 26 out of 65 Independent Party voters who signed in to vote on Election Day did not have their vote count.
Gallo was virtually speechless in response to the Court’s ruling. "The judge agreed that the Board of Elections screwed up, but refuses to make them fix the situation simply because they say they can’t,” said Gallo, who was assigned as Military Police Sergeant / Team Leader in Baghdad and helped keep the peace when Iraqis held their first-ever free elections in 2005. “We will never know who truly deserved to be the Independence candidate because we’ll never know who actually won the Election,” said Gallo.
"This decision betrays logic," said Gallo's attorney, Gene Berardelli, "The Board of Elections failed to administer a fair election and the Court is allowing someone to remain on the ballot that didn’t earn that right. Allowing a candidate to “win” a botched election should offend everyone who loves America and democracy."
Brooklyn Republican Chairman Craig Eaton added, "Russell Gallo risked his life in Iraq at a time when they were having their first free elections, but he can't even get that here at home because of bureaucratic incompetence. This cannot stand."
## Election Law Gallo v Akselrod PDF