The Independent View: Nomination of NYC Election Commissioner Spurs Legal Battle

The Speaker of the New York City Council, Melissa Mark-Viverito, was hauled to Court Monday by Political Party Leaders over her Nomination of a Friend as Election Commissioner.

Filed by Attorney Arthur Schwartz of Advocates for Justice in Manhattan Supreme Court, the Petition says it is laid out in the New York Constitution that County Party Representatives are supposed to provide the Name for the Council to vote on.

Instead the Council Voted on Nov. 21th, 2017, to Recommend Illinois Attorney Andy Praschak to the Position of Election Commissioner. “The state constitution says that the local, the county legislature or New York City Council shall vote on a nomination of the county party,” Schwartz explained in an Interview about the Case. “It doesn’t say they can make their own nominations.”

UPDATE

An email from the New York County Democrats sent to County District Leaders reads:

Dear District Leaders,

I am writing to share with you good news: the courts have granted an Order to Show Cause/Temporary Restraining Order to prevent the City Council from violating the State Constitution and appointing Andy Praschak to be the Democratic Commissioner from Manhattan on the New York City Board of Elections. The OTSC/TRO is attached here for reference.

First, let me thank Arthur Schwartz, District Leader from the 66th AD, Part A, for his brilliant and tireless efforts to expose the unconstitutionality and perfidy of Speaker Melissa Mark-Viverito's attempts to unilaterally install her friend as BOE Commissioner. Without his efforts, we would not have gotten this far.

As you know, the current Speaker Mark-Viverito, had directly contravened your votes as District Leaders to nominate first Jeanine Johnson and then Sylvia DiPietro as Commissioner, and attempted instead to unilaterally appoint her friend Andy Praschak, an Illinois lawyer whose New York law license has been suspended since 2009.

While it is obviously desperate and hypocritical to attempt to install a personal friend by ignoring the nomination of two women who are beyond qualified for the post, it speaks to the lack of appreciation the Speaker has for all of the work that you as District Leaders perform without compensation to advance the people of Manhattan. Recognizing that lack of appreciation, I want to thank you for all of your work this past weeks: calling your City Council Members, rallying for an emergency 9am meeting to submit a new nomination to the City Council, and helping us defend against this desperate and unconstitutional overreach by the Speaker.

I look forward to continuing to work with you to carry out the day-to-day work that we do of organizing Democrats here in Manhattan, resisting the awful machinations of the man in the White House, and moving our City and State forward in a more progressive direction. Many thanks to you all again.

The City Council went to the Appellate Division with a 20 Page Brief, in part arguing only that Full County Committee can make a Recommendation. It also argued that all of the Members of the City Council must be Named as Defendants. The Court asked Parties to return at 10:00 AM Thursday. Lawyers who have time are welcome to attend the Manhattan hearing at the Appellate Division (East 25th Street and Madison Avenues).