A grass roots political organization with close ties to candidate Albert Baldeo has petitioned Governor David Paterson not to call a Special Election to fill the District 38 seat vacated when former Assemblymember Anthony Seminerio pleaded guilty to a felony.
The group, Citizens for Democratic Action, operates out of a private home in Ozone Park. The group released a statement saying it delivered its petition, dated June 22, along with “over 10,000 signatures,” demanding that the governor allow a primary in September to determine the candidates for a November election.
The petition charges that a Special Election would “disenfranchise” voters, by allowing “party insiders” including “now-convicted felon Anthony Seminerio” to choose the Democratic candidate.
The process was set in motion on Tuesday, June 23 when Seminerio, a 30-year-veteran of the Assembly, resigned his seat and pleaded guilty to the felony of “theft of honest services,” in federal court the next day
At least seven candidates emerged and began gathering signatures to get on the September 15 primary ballot, hoping for a nomination to an out-of-cycle election in November – to serve out the balance of Seminerio’s term.
After petitions had been filed with the Board of Elections (BOE), Paterson notified them that he was “considering” calling a special election to fill the seat – on Primary Day, according to published reports.
By law, Paterson would have to issue the required proclamation between August 11 and 16.
A Paterson spokesperson denied that the governor was doing more than informing the BOE of the possibility, because separate voting machines would be required.
If a Special Election were called, the nominating petitions would be void, and the Democratic nominee would be elected by four 38th Assembly District Leaders, according to Michael Reich, Executive Secretary of the Queens Democratic Party.
“The votes would be weighted to the male and female leaders of the two district parts, according to the Democratic vote for governor in the last election,” Reich explained.
Reich confirmed that Seminerio is one of the District Leaders, and didn’t resign that position when he resigned from the Assembly. “It may have been an oversight,” he said.
Reich, who is an attorney, pointed out an error in the petition. Although Seminerio pleaded guilty, “he isn’t actually convicted until he is sentenced,” he explained.
“I can’t believe he would take part in electing the nominee, in view of the impression it might make on the judge,” Reich concluded.
Seminerio, 74, faces 11 to 14 years in prison when he returns to court on Tuesday, October 20.
Although the group claims that an undisclosed number of “civic and community leaders” have signed the petition, they included copies of the candidate’s nominating petitions in their package to the governor, as proof of their “disenfranchisement” claim.
Albert Baldeo, who filed the largest number of signatures, has been most vocal in assailing the Special Election idea. “People are very much up in arms that the vote of district leaders might replace the vote of the electorate,” he said.
Reich dismissed Baldeo’s protestations. “District Leaders are elected to office, so they represent the democrats who elected them,” he said.
Reich pointed out that Baldeo changed his voting address from just outside to just inside the 38th Assembly District in 2008.
“Baldeo’s voter registration card was dated August 31, 2008, but it wasn’t received and time-stamped at the Board of Elections until September 18,” Reich said.
This would disqualify Baldeo from a September 15 race.
“What’s important is that the governor has made it clear he will be calling the Assembly into session, and the people of the 38th District won’t be represented until the seat is filled,” Reich said.
