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OpEdNews Op Eds    H3'ed 4/23/16

To Both Bernie and New York Attorney General: Please ask a Judge to order a new New York Primary Via Article 78

Message Stephen Fox
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Both Bernie Sanders and New York Attorney General Eric Schneiderman Should ask for a new New York Primary: In New York, Article 78 replaces the Writs of Mandamus Used in Other States
I have been doing some legal research to determine if the NY Attorney General, the Comptroller, and/or the Sanders Campaign Lawyer, Brad Deutsch, could ask under Section 78 for a judge, either at the Federal or State Level, or perhaps the New York Supreme Court itself, to order the New York State Board of Elections to do the Primary over again.
Why not? Remember how long that Supreme Court decision took over the hanging chad question in Florida, and the Bush I appointees in the Supreme Court then awarded the White House to Bush II? Why not take action now pre-emptively? In most states, this would be a petition for a Writ of Mandamus, but New York did away with this and so this kind of relief falls under Section 78.
I believe Election Fraud should be addressed whenever and wherever it occurs, and in most states, that would fall under a Petition for a Writ of Mandamus. If that means 20 states with questioned primary results, so be it, starting with Arizona, Nevada, New York, and probably after this Tuesday, Rhode Island.
[see Emily Atkins' excellent article:
Rhode Island Voters 'Caught Off Guard' By Poll Closures and Voter ID Law"/3"/rhode-island-primary-election/ (We told you about this a few days ago, after a Facebook Providence RI friend told me that "Rhode Island is going to make Arizona look like a fly on the wall!"
From Emily's article: "Sixty-six percent of Rhode Island's normal polling places will be closed on the state's fast-approaching presidential primary, leaving at least one advocate worried that voters will experience confusion and frustration while trying to cast ballots. John Marion, executive director of Common Cause Rhode Island, told ThinkProgress that voters have been "caught off guard" by the fact that only 144 of the state's 419 polling places will be open on Tuesday (ostensibly to "keep costs down"!)
Back to New York:
This could be some fertile ground for cutting edge questions for you to ask the NY Attorney General, the NY Comptroller, and other authorities of your choosing on Monday. Perhaps the NY Governor could order a new primary election as well? Not much chance of that; the best remedies will be entirely judicial.
Why, indeed, are so few reporters writing about this or asking questions about this?
Are they buying the watered down mainstream drivel that New Yorkers love to believe, that with their New York-o-centric world, its all over for Bernie, never mind the hundreds of thousands who were disenfranchised? WHAT BALDERDASH! It would be funny, if there weren't so much at stake for America, when you stop to think about how all of the pundits even at the New York Times like Charles M. Blow writing a few days ago about "Bernie's Endgame"! They all seem to be oblivious to the evolving blindsiding about potential indictments and other legal "baggage" for his opponent.
I am not a fan of Fox news nor do I have any connection with them, only my last name, but you should take a minute and watch this commentary by Judge Napolitano: "Judge Nap: FBI Has 'Overwhelming' Evidence to Indict and Convict Hillary"
click here
This is going to go all the way down to California and those last primaries, like New Jersey's and New Mexico's, then the convention and a big battle there.
If Bernie goes back to the Senate, he will be by far the most powerful member, far more powerful than some chump consolation prize like being his opponent's Vice President, an offer I am sure he would turn down, mark my word.
Here is a link to Section 78, and how precisely it could be used in this case will be determined by those lawyers.
[this just in, a response from the Sanders Campaign in Burlington:

Official Response from Sanders Campaign:

[I still ask Bernie and NY Attorney General Eric Scheiderman to ask a NY or Federal Court to order a new New York Primary!!!! Members, if you agree, please also write to Mr. Schneiderman in Albany in general about the massive disenfranchisement in Brooklyn and in other boroughs, or with specific occurrences, and to Mr. Deutsch, Bernie's Lawyer in Washington. This chance to redo the NY Primary is not going to be around forever. It could be requested and even so ordered by the end of the coming week!]


Thanks for your note and your continued support - it is very much appreciated.

The rules in each state are different, and rules can differ between caucuses and primaries too. Also, registration rules vary by state; and the place to which irregularities should be reported differs from state to state. The point it"there is no single place to report every real or perceived infraction.

We set up hotlines a few days before each election and usually leave them open until a few days after. That window is when we experience the most activity in any particular state. These hotlines are typically staffed by attorneys with experience in voter protection issues in that specific state.

We work to separate real issues from perceived issues, or issues reported from 3rd parties - like someone reporting something another person posted on his or her facebook page which, in turn, just references a story he or she heard from a family member. Such third party reports are much harder to confirm.

We do act on confirmed reports of irregularities, voter suppression, voter fraud, and other infractions. You may recall a lawsuit we filed in Ohio centered around the Secretary of State preventing voting of 17 year olds who would be 18 by election day - just one example of how our team can and will act quickly to make sure citizens of every state who are eligible to vote can do so.

Remember, while our hotlines do get shut down after that state's election day, you can ALWAYS report issues right here at help|AT|berniesanders.comEmail address and we will make sure it goes directly to our voter protection team.

Thank you again for your support.



I very much look forward to the incisive responses, from you, the reader.
Stephen Fox,
Bernie Sanders: Advice and Strategies to Help Him Win!
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