In a move that left political observers reeling, Governor David Paterson ordered a special election to replace disgraced former Assemblymember Anthony Seminerio for the 38th District – and then cancelled it.
On Friday, August 7 the Governor’s office released a signed statement from Paterson, ordering the special election for Primary Day, Tuesday, September 15.
“This special election will ensure that the residents in part of Queens County will have the representation they need in the New York State Legislature,” the statement read.
But, before four hours had passed, the assurance had lapsed.
Paterson press secretary Marissa Shorenstein issued a press release, termed “highly unusual” in published reports, saying the previous release had been recalled.
“No final decision has been made at this time with respect to a special election in the 38th District,” she said, reportedly declaring that there will “probably be a primary election instead.”
According to published reports, Peter Kiernan, Paterson’s counsel, signed the proclamation for the governor – in error. As the governor’s lawyer, his counsel is authorized to affix the Paterson’s signature, using an “auto mark” pen.
The secretary to the governor, Larry Schwartz, also signed the proclamation.
Shorenstein declared that Paterson, reportedly vacationing in the Hamptons, did not order the signing, and called for it to be rescinded when he learned of it. “This was an announcement that should not have been made,” she said.
The seat has been vacant since 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.
Since then, according to New York City Board of Elections (BOE) records, as many as four Democrats will be on the Primary ballot.
Albert Baldeo, Nick Comaianni, Mike Miller and Farouk Samaroo have all filed sufficient primary signatures to qualify for the primary. However, a source inside the BOE told The Courier that, “There are court challenges to Baldeo’s and Samaroo’s signatures.” If the challenges prevail they could be removed from the ballot.
Miller is already the designated candidate for the Conservative Party in the election.
Donna Marie Caltabiano is the lone Republican.
This is not the first “on again – off again” flap in the race.
In July, Paterson reportedly told the BOE to prepare machines for a special election in the district, with the Democratic candidate to be selected by the party’s district leaders – one of whom is Seminerio.
After an outcry by some citizens groups and at least one candidate, the governor’s office said that the move was merely advisory.
Nevertheless, Paterson still has until Sunday, August 16 to order a 38th AD special election on September 15.
Stay tuned.
