The Independent View: Fight For NY Women’s Equality Party Lands In Court

Three factions submitted organizing papers for the Women’s Equality Party:

- Supporters of Governor Cuomo

- Republican women activists

- A group organized by former State Senator Cecilia Tkaczyk

An ongoing tug of war over control of the state Women's Equality Party landed the competitors in court Friday, where a Niagara County judge said he will try to decide whether surrogates of Gov. Andrew Cuomo, former Democratic Sen. Cecilia Tkaczyk, or a group of Republican candidates can run the year-old party by setting its rules.

There's no guarantee that will end this power struggle as a similar court battle is scheduled for Albany County.

Created by Gov. Cuomo in 2014, the party was designed to galvanize support for his women's agenda. Lt. Gov. Kathy Hochul ran on the Women's Equality lines as well as the traditional Democratic line.

Progressives alleged the party was a transparent effort to grab votes from the Working Families Party, which has been at odds with the Governor on a number of fronts despite its decisions to support him in 2010 and 2014.

With that in mind, Tkaczyk put forth a new set of rules that would make her the chair.
"I put in the rules because I think the Women's Equality Party should be controlled by women who are registered members and not by people appointed by the governor," she said Friday. "This party didn't come from women — it came from Governor Cuomo," she added.

As the Tkaczyk-Cuomo power struggle was developing, a group of Niagara County Republicans running for county offices put in their own rules in an attempt to gain control of the local WEP branch.

Western New York conservative activist Joey De Labio went to court requesting that the WEP party be declared "null and void" due to what he contended were a lack of clear rules. It wasn't clear whether De Labio, who couldn't be reached for comment on Friday, was trying to scuttle the party on behalf of the Republicans or was simply distressed at the situation. "They don't want that to be the extra (ballot) line for the Democrats," said Peter Reese, the lawyer who argued on behalf of Tkaczyk on Friday before Justice Frank Caruso in Niagara County State Supreme Court.

His opponent, though, said Niagara County Republicans simply want to access that ballot line just like Democrats. "I've got as much right to nominate as the Tkaczyk people or the Cuomo people," said J.R. Drexelius, who represented the county GOP.

Both Drexelius and Reese said Caruso planned to issue a ruling on Monday. Even so, it wasn't clear how broad such a ruling would be.

Earlier this month, the State Board of Elections deadlocked along party lines after Democrats proposed the board should resolve the WEP leadership issue in favor of Cuomo's team. BOE spokesman John Conklin said that the courts typically settle "intra-party" disputes over competing rules.

Also unclear is whether the Niagara County case would apply beyond county boundaries. Drexelius said a similar hearing is set for Wednesday in Albany County State Supreme Court.

CLICK HERE to read the seven page (PDF) Republican women activists petition.

CLICK HERE to read the five page (PDF) Supporters of Governor Cuomo's Request for Judicial Intervention.

CLICK HERE to read the 35 page (PDF) a group organized by former State Senator Cecilia Tkaczyk petition.