Westchester Independence Party
wins appeal to kick out nearly 4,000 of its members
lohud.com
The party endorsed his Democratic rival but pursued a purge of
the membership of nearly all the voters who registered with it after the
beginning of 2012.
The purge of 4,000 members cuts the party down by about 17
percent.
Supreme Court Judge Robert DiBella at the end of February
allowed the party to kick out 31 members after he was presented with evidence
that they were not in sympathy with the principles of the party, the standard
in state law for removing members. The law is designed to prevent raids on
minor parties that would turn them into adjuncts of the major parties.
The party appealed DiBella's ruling on the other 3,000-plus
members who didn't show up to party hearings or send letters contesting their
removal. In a ruling Wednesday, the Appellate Division said failing to appear
or respond was sufficient evidence under state law.
Peter Tilem, the lawyer for the Independence Party, said it
gives the loyal members their vote back.
"When you have 4,000 people that are enrolled in your party
that are doing it to subvert the principles of the party it damages the
party," he said.
The voters will still be able to cast ballots but will be moved
to the unaffiliated column.
The Failed Republican Party Raid of the Independence Party
As part of its continuing effort to thwart what its leaders said was a Republican raid of the party, the Independence Party of Westchester succeeded in persuading a state judge to allow it to kick out 31 party members at the end of February.
But in the same decision, state Supreme Court Judge Robert DiBella refused to accede to the party’s request to remove nearly 4,000 other members, saying the party didn’t present enough evidence that each individual was not in sympathy with the party’s principles as required by state law. But the party has appealed the decision and will be back in court on Friday at the Appellate Division in Brooklyn.
“We’re seeking to get the judge overturned on the rest of them,” said Peter Tilem, the lawyer for the party.
Independence Party leaders have said the large number of new members of the Independence Party in 2012 and 2013 were the result of a deliberate plan by the Republican Party to take control of the party, remove the leadership and get the ballot line for Westchester County Executive Rob Astorino in his reelection last year. Some of the new members had clear ties to the county executive and his top lieutenants while others said they enrolled to try out an alternative to the major parties.
Astorino, a Republican now running for governor, lost the chance to get the party line in August when his primary election write-in bid was invalidated by Judge DiBella. DiBella ruled that the petitions were filed late and also agreed to disenroll six members of the Independence Party who filed the petitions, rendering them invalid. Astorino lost again on appeal.
In his gubernatorial campaign, Astorino has said he will not accept the Independence Party line because the party stands for only its own self-interest. He is calling on Gov. Andrew Cuomo to do the same.
Emboldened by the earlier win, the Independence Party leadership last fall brought both the state case to disenroll nearly 4,000 members and a federal case alleging an illegal raid on the party to control the outcome of the primary election. A pre-motion conference in the federal case is set for April 2.
Most of the 31 people removed from the party (who kept their registrations as unaffiliated voters) in the latest case said they had enrolled by mistake or agreed to being disenrolled.
Astorino's Hypocracy known all over New York State
Despite Astorino's criticizing the Independence Party as corrupt today, Rob Astorino has made a combined $14,750 in political contributions to the political party since 2007, including a personal check for $3,000 in 2008, all in an attempt to secure their endorsement in his various races over the years. In fact, Rob Astorino sought and received the Independence Party endorsement in 2003 and 2009 when he ran against incumbent Westchester County Executive Andy Spano.
Just last year as he was gearing up for his reelection, Astorino made a contribution of$6,000 in May in the hopes of persuading the Independence Party to endorse him once again. When the party went with his challenger, he then tried to hijack the Independence Party nominating process by having his friends, family, and staff register as Independents to carry nominating petitions for him. In the end, a judge invalidated his petitions and called him out on the shady practice.
