The Independent View: NY Election Enforcer in Holdover Status

The New York's Top Election Enforcement Official, Risa Sugarman, appears likely to Remain in her Job for the rest of 2019. But her Status remains Uncertain beyond that, a Top Gov. Cuomo Administration Official indicated Friday.

Sugarman's Five-year Term as Chief Enforcement Counsel of the State Board of Elections ends Aug. 31st. To gain a New Term, she needs to receive be Re-Nominated by Cuomo, then Confirmation by the State Senate and Assembly. Barring a Special Session called by Cuomo later this year, Legislators won't return to Albany until the Start of the 2020 Session in January.

Hours after the end of the 2019 session, Cuomo was asked at a Capitol Press Conference on Friday why Sugarman had Not been Re-Nominated to the Post. "I don't know," Cuomo said.

Secretary to the Governor Melissa DeRosa, who also fielded Questions at the Red Room Press Conference, said Sugarman was in "holdover status."
"It's not unusual that someone sits in holdover status," DeRosa said. "We'll deal with it next year."

The Governor can Replace "holdover" Executive Branch Appointees who continue serving beyond their Terms at any time. They can also Serve Indefinitely.

While it's Not unusual for Gubernatorial Appointees to be in this Position, Sugarman's Job is Unique. Her Office directly Regulates the Campaigns of Cuomo and All State Legislators, and its Investigations can spark highly charged Political and Legal Issues. At least Publicly, Sugarman has Not Targeted Cuomo's Campaign. If she remains in a "holdover" Position past Aug. 31st, Cuomo would Retain the Power to Replace her at any Point.

If Sugarman or someone else is Confirmed to a New Five-year Term, the Law Offers more Protections. The Governor can Only Remove the Counsel during their Term for "substantial neglect of duty, gross misconduct in office, or the inability to discharge the powers or duties of office."

A Report issued by the Moreland Commission to Investigate Public Corruption in December 2013 Detailed how Enforcement of State Election Law by the Board of Elections (BOE) was practically Nonexistent. As part of Cuomo's Controversial Deal with the Legislature to Close the Commission in March 2014, a Major Concession agreed to by Lawmakers was the Creation of the Enforcement Counsel's Office, which was to operate Independently of the Rest of the BOE.

Unlike many Albany Watchdogs, Sugarman has made Waves during her Tenure, which could make gaining another Confirmation more difficult. Since her Appointment by Cuomo in 2014, she has brought a Number of Cases against High-Profile Targets, angering a Bipartisan array of Lawmakers in the State Senate, including Republicans, Democrats, and the Senate's Now-Defunct Independent Democratic Conference. A number of the Cases brought by her Office have resulted in Settlements.

Sugarman most recently reached a $100,000 Settlement over alleged Violations by the New York State United Teachers Union, a Major Ally of Democrats in both Houses of the Legislature.

Sugarman has often Publicly Clashed with the BOE's Four Commissioners, Two Republicans and Two Democrats. Last year, the Commissioners issued New Regulations reining in Sugarman's Ability to issue Subpoenas as part of her Unit's Investigations without the BOE Approval.

Sugarman subsequently Sued the Board, arguing that the Regulations represent an Illegal Overreach. She has Ceased attending its Monthly Meetings while the Litigation is ongoing.