NY's only statewide political program
Assembly
Nightmare Scenarios Spawned By Prospect Of 3 Primaries
Feb 3rd - 4:33 pm
A reader with a lot of knowledge of the state of play in various New York House districts emailed to note that the possibility of three separate primary dates in New York – April 24 (presidential), June 26 (House and US Senate) and Sept. 11 (state Legislature) – raises “some interesting, theoretical, maybe far-fetched but not impossible scenarios” that would give not a few elected officials and party leaders heartburn.
Here’s the trouble: If legislators don’t agree on a bill to move their own primary date to correspond with the one that US District Court Judge Gary Sharpe ordered for the federal races, then Assembly members and senators could theoretically challenge sitting House members and then, if that doesn’t work out, fall back to run for their own seats.
The reader came up with the following examples; feel free to weigh in if you think of any others:
1) CHAOS IN NORTHERN MANHATTAN?
Sen. Adriano Espaillat announces he will run for the new Latino seat in Upper Manhattan that is widely expected to be created in the next round of LATFOR maps. Local Democrats like Assemblyman Guillermo Linares and Mark Levine, who lost to Espaillat in the September 2010 primary for AG Eric Schneiderman’s old seat, would then scramble for Adriano’s Senate seat and start circulating petitions.
But Espaillat unexpectedly loses the congressional primary. Not wanting to be out of a job, he collects petitions to run for the Senate, files them on July 8, and runs on Sept. 11. Or, perhaps he doesn’t have to run in a primary at all because Linares, Levine and whoever else had entered the race for his seat drop their bids once he returns to the race.
2) MAYHEM IN NORTH BROOKLYN?
Sen. Martin Dilan announces he will challenge Rep. Nydia Velazquez (NY-12) in the June primary. Democrats like his son, NYC Councilman Erik Dilan, and Jesus Gonzalez, (the WFP-backed candidate who lost a heated three-way battle for former Assemblyman Darryl Towns’ seat to Erik Dilan’s chief of staff, Rafael Espinal, in 2010), quickly scramble for Martin Dilan’s Senate seat and start circulating petitions.
But Dilan loses the congressional primary, so he then collects petitions to run for his Senate seat – unless he doesn’t have to run because his son and Espinal back off. Or maybe Erik Dilan gets the line, but then declines the designation of his petitions – and the petition’s committee on vacancies replaces Erik with his father.
3) TWO BITES AT THE APPLE IN QUEENS?
- Queens Assemblyman Rory Lancman runs in a primary for the House seat currently occupied by Rep. Bob Turner, (assuming NY-9 still exists after redistricting and Turner doesn’t end up in a general election head-to-head with Rep. Joe Crowley or Rep. Gary Ackerman), loses and then goes back to run for his Assembly seat.
4) SECOND THOUGHTS IN THE HUDSON VALLEY?
- Sen. Greg Ball reconsiders his decision not to primary Rep. Nan Hayworth in NY-19 because he has little to lose, given his ability to run for his Senate seat if the House race doesn’t go his way.
Of course, this whole theory could just as easily apply to a congressional candidate running in a contested primary who loses and then decides to run for state Legislature. So, for example, one of the five Democrats now vying for the right to take on Hayworth in November could then run for the Senate in retiring Sen. Suzi Oppenheimer’s district, challeging the likely Democratic candidate, Assemblyman George Latimer, in the Sept. 11 primary.
Again, this is all completely speculative. The political calendar is in flux due to Sharpe’s decision. LATFOR hasn’t released the congressional lines yet. There might be some technicalities here that I’m overlooking. Perhaps one of the Jerrys – Skurnik? Goldfeder? – will set me straight.
But stranger things have happened. Not a bad deal for all these Albany incumbents who – other than special elections – usually need to give up their seats to run for Congress.
Source: Cuomo Admin ‘Campaigned’ For Biben To Run JCOPE (Updatedx3)
Feb 2nd - 1:01 pm
Two sources with knowledge of the process confirmed the NYT scoop that the Joint Commission on Public Ethics has quietly tapped a longtime top aide to Gov. Andrew Cuomo, Ellen Biben, to serve as its executive director.
The vote, which took place this past Tuesday, was not unanimous. Eleven of the 14 JCOPE commissioners voters in favor of Biben, a former federal prosecutor who worked in Cuomo’s AG office and now serves as state inspector general. The three who did not vote for her were all legislative appointees. Biben’s selection has angered the legislative leaders – particularly Assembly Speaker Sheldon Silver – according to one source. UPDATE1: I’m now told Silver is actually completely OK with Biben and will be issuing a statement shortly.
One source said two of Senate Majority Leader Dean Skelos’ JCOPE appointees voted for Biben and one abstained, but did not vote against her.
JCOPE members spent a long time behind closed doors in executive session Tuesday. They were known to be discussion the selection of a new executive director, but emerged without saying a word about their pick. (See Nick Reisman’s video below).
The commission also isn’t formally confirmining Biben’s hiring, even though she has, according to a source who received word from JCOPE Chairwoman Janet DiFiore, accepted the position.
“There’s no information to report at this time,” Theresa Schillaci, who has been more or less the acting director of JCOPE was officially formed last month, told Nick this afternoon.
I haven’t been able to get ahold of IG spokesman John Milgrim, who used to work in Cuomo’s press shop. One source told me Biben has already resigned her IG post and started her new job. Both the executive director’s position and running the IG’s office are full-time gigs. I can’t see how Biben would be able to do both.
According to one source familiar with how Biben was selected, a four-person search committee was formed that consisted of DiFiore, one Cuomo appointee, one Silver appointee and one Skelos appointee. The search committee reviewed resumes and then the majority voted to recommend Biben to the full 14-person commission.
“This was wired from the beginning,” the source said. “I think they had her in their sites from day one…Cuomo out-maneuvered everybody on this. The question is: How wide a net was cast and does it have holes in it?”
Another source said Biben’s selection was a foregone conclusion well before Tuesday and “her campaign was being run out of the governor’s office and aimed at a very select group of people: The search committee.”
UPDATE2: The WSJ’s Jacob Gershman reports the governor’s office “directly reached out to legislative leaders to promote Biben’s hiring” during the week leading up to Tuesday’s meeting.
The selection of Biben raises questions about the ability of JCOPE to be independent. The commission may find itself in the position of investigating the governor – its predecessor, the Public Integrity Commission, had to probe both Gov. Eliot Spitzer (for Troopergate), and Gov. David Paterson (for the Yankees ticket scandal and the David Johnson domestic violence mess) – and also has, for the first time, the power to investigate legislators.
The independence question led to the resignation of former PIC executive director Herb Teitelbaum, who was found by the former IG, Joseph Fisch, to have violated the Public Officers Law by sharing information with the Spitzer administration about the commission’s Troopergate investigation while it was still active.
JCOPE, which was formed last year as a result of the reform deal reached early in Cuomo’s tenure, has been under fire almost since its inception. A number of its appointees raised eyebrows and its proceedings have been criticized for a lack of transparency.
UPDATE2: Although the Cuomo administration hasn’t yet confirmed Biden’s selection, the League of Women Voters released a statement applauding her appointment, saying she will “contribute” to JCOPE’s overall goal of “strong oversight” to restore trust in state government.
What A Difference Five Years Makes
Feb 1st - 2:44 pm
Reports that the Senate Republicans have their collective heart set on keeping the state primary date of Sept. 11 rather than on June 26 in conjuction with the federal contests (as determined last week by US District Court Judge Gary Sharpe) set off the hypocrisy alarm for longtime political consultant Jerry Skurnik.
Skurnik emailed earlier today to remind me that in 2007, the governor and legislative leaders – at the time that meant Assembly Speaker Sheldon Silver, Senate Majority Leader Joe Bruno and Gov. Eliot Spitzer – delayed the Sept. 11 primaries by one week, pushing them back to Sept. 18 to avoid having them fall on the anniversary of the terrorist attacks on the World Trade Center.
NYT columnist Clyde Haberman wasn’t a fan of this decision, arguing that it was a disruption of democracy and therefore a victory for the terrorists. He reported:
“Lawmakers reached this conclusion in virtual lock step, some no doubt fearing the potential wrath of 9/11 families. The State Senate voted for the delay unanimously. In the Assembly, the vote was 136 to 9, the tiny minority consisting of 6 Democrats and 3 Republicans.
“Joseph L. Bruno, the Senate majority leader, called it ‘critically important that we reserve Sept. 11 as a day when the world looks back and remembers the many heroes who lost their lives.’ But couldn’t we remember and vote at the same time? Some might even say that democracy’s normal processes would honor those heroes while telling the terrorists in a powerful way where they can go.”
“‘Yes, you can make the case for that,” said John E. McArdle, a spokesman for Mr. Bruno. “But I think there was a consensus all the way around that it was preferable to go this route.’”
“Much the same was said by Dan Weiler, a spokesman for Sheldon Silver, the Assembly speaker. He was asked for Mr. Silver’s reasons for seeking the postponement. As relayed by Mr. Weiler, the speaker’s response was, ‘We felt it was the appropriate thing to do.’”
Apparently, Sen. Dean Skelos, who voted in favor of the change along with the rest of his conference back then, is no longer concerned about the possibility of having the primary coincide with what has become a day of remembrance now that he’s majority leader.
Skelos said he’ll be discussing the primary problem with the Assembly, and insisting that having three contests is “not my druthers.”
Silver said he’d prefer to avoid the three-primary route. Ditto for Gov. Andrew Cuomo. But no far, neither Democrat has said which date they’d prefer.
The primary cannot be moved until all sides agree.
Assembly Committee Says Indian Point Can Shut Down
Feb 1st - 12:47 pm
After doing a round of hearings earlier this month, two Assembly Democrats say their preliminary findings suggest that shutting down the Indian Point Nuclear Power Plant could be done with little impact on rate payers. In a press release, they say that investing in energy efficiency and by completing ongoing projects the state should be able to provide enough energy to make up for the loss of the nuclear power plant.
“The information we gathered clearly demonstrates that Indian Point can be shut down without unduly burdening New York’s ratepayers or the electric system,” said Assemblymember Kevin Cahill, Chair of the Assembly Committee on Energy. “We have the framework and the resources for a future without Indian Point. It all comes down to the State developing a plan and putting it in motion.”
“The experts testified that New York has the resources to replace these nuclear plants; now the decision makers need the will to make it happen,” said Assemblymember James Brennan, Chair of the Assembly Committee on Corporations, Authorities and Commissions.
The press release goes on to break it down their thinking, citing an increase of 5 thousand megawatts of power by 2015-2016 from proposed projects. And an additional 1,500 megawatts through energy efficiency and modernization of exisiting power plants by fixing current constraints that prevent certain plants from operating at full capacity, without building new power lines or new power plants.
These findings have been supported by several reports that were paid for by opponents of Indian Point. A contrasting report paid for by Mayor Bloomberg suggested that there would be huge spikes in cost and dirtier air if Indian Point shut down.
Cuomo Prods Assembly On DNA Database
Jan 31st - 3:19 pm
In his statement praising the GOP-led Senate for passing an expansion of the DNA database, Gov. Andrew Cuomo prodded the Democratic-controlled Assembly to do the same thing.
“Today the New York State Senate passed the DNA Databank Expansion Bill, an important step in protecting New Yorkers and modernizing the state’s criminal justice system. This critical crime fighting resource embraces technology to help protect the innocent and convict the guilty. I want to thank Senators Golden and Saland for sponsoring this legislation. I call on the Assembly to do the same so I can sign this bill into law immediately.”
The measure passed 50-10.
Passage in the Senate today came after a news conference featuring law enforcement officials from around state lent their support to the measure (the news conference can be found here via Senate Media Services).
When database expansion bills have come up in the Assembly in the past, the measure has included items that would expand criminal defense, add-ons that Sen. Stephen Saland, R-Poughkeepsie, called “ancillary issues” earlier today at the news conference.
Silver Shrugs Off Three Primary Possibility
Jan 31st - 12:37 pm
Assembly Speaker Sheldon Silver does not seem terribly perturbed about the prospect of having three separate primaries – federal, state and presidential – despite the fact that he and his Democratic colleagues have indicated a preference for moving the state contests up to conform with Judge Gary Sharpe’s mandated June 26 date for the House and US Senate races.
During an interview this morning with The Captiol Pressroom’s Susan Arbetter, Silver reacted to a DN report that Senate Majority Leader Dean Skelos, who had been pushing for an August primary, now has his heart set on maintaining the regularly scheduled Sept. 11 state races, despite the fact that to do so would cost an additional $50 million. (And that’s on top of the $100 million combined cost of the April 24 presidential primary and June 26 federal primaries).
“I’d like to see the primary, you know, in June on the same day,” Silver said. “It would cost localities more money to run another primary in September. However, you know, it’s (Skelos’) perogative not to pass legislative to conform to the judge’s decision and have the state primary run in September.”
Silver also doesn’t share the anxiety expressed by LATFOR co-chair Assemblyman Jack McEneny and others that Sharpe’s ruling is difficult – if not outright impossible – to adhere to, given the confines of the redistricting process and the political calendar. Said the speaker: “I believe in the power of federal judges, and if they order something to happen they will provide the remedy to make it happen.”
Silver declined to comment on the Senate Democrats’ lawsuit challenging the GOP’s proposal to add a 63rd Senate seat, saying it will be up to the state attorney general to make that determination. (I find this confusing…because the AG has to decided which side to defend? Can’t he recuse himself and kick the issue to outside counsel, as has been done by past AGs when two branches of government duke it out in court?)
The speaker said negotiations with the governor on a potential constitutional amendment that would overhaul the redistricting process in time for the 2022 elections are “not actually taking place” at the moment, adding: “They’re in spurts; they start, they stop. It’s for ten years from now, really, to have a major impact, so, you know, the people of the state will have the opportunity to weigh in on the final product.”
That said, Silver insisted he’s completely on board with the idea of taking the partisanship out of the redistricting process.
“We had no problems redistricting and bringing our Assembly Republican colleagues in and talking to them about what their desires are and giving their desires some weight in the process,” the speaker said. “And I think that’s what is the key to everything: Taking the partisanship out of it and making it a nonpartisan plan, or a bipartisan plan, providing equal access to both parties in each house.”
Silver ‘Delighted’ By Primary Date Ruling
Jan 27th - 6:29 pm
Assembly Speaker Sheldon Silver is cheering the decision by U.S. District Court Judge Gary Sharpe to declare June 26 the primary.
Democrats in New York had generally pushed for a June date, aruging that August would result in low voter turnout. Republicans, however, say the June date would condense the state’s political calendar.
“We are delighted that Judge Sharpe considered the opinions of the New York State Election Commissioner’s Association, good government groups and the New York State Assembly when setting a date for the New York’s non-presidential primary. The date, June 26th is a rational, workable date that will help ensure voter turnout.”
The ruling only impacts the political primaries for House seats and the U.S. Senate, setting up the possibility of three primaries. That means the Legislature needs to come to a deal or we’ll have primary madness in 2012.
Assembly Could Have Three Asian-Dominated Districts
Jan 27th - 2:44 pm
If the current redistricting maps stay the way they are (and I have a sneaking suspicion that a grand bargain of sorts will be reached), the complexion of the state Assembly could be shifting.
The Democratic-led chamber is expected to have three Asian majority districts, though advocates wanted at least four, if not five, in this current round of redistricting.
Right now, Assemblywoman Grace Meng is the only Asian-American legislator, but with new majority districts in Queens and Brooklyn, that would probably change.
“I have talked to members during the process and we have members down there who have little more than 20 percent of their original district,” Assemblyman Jack McEneny, D-Albany, said. “Obviously they’re not happy about that. But when you look at the Voting Rights Act, when you have a 42 percent increase in Asians in Queens alone, what does that tell you about the districts? So we have two new Asian districts, plus Grace Meng, there’s one now in Brooklyn, there’s one in Queens.”
He added: “Those shifts had to be accommodated.”
Wright Hires Darrison
Jan 27th - 2:41 pm
This actually popped up in my in-box yesterday, but I was up to my eyeballs in redistricting maps and unable to get to it…Assemblyman Keith Wright has signed on with fundraiser Cindy Darrison for the 2012 election cycle.
I received an email from Darrison announcing a fundraiser for Wright 2012 at the Victory Cafe in Albany next Monday night (which is, for the record, a legislative session night; reformers have been pushing for years to ban political fundraisers from being held on session nights, but to no avail).
Wright is one of a number of Manhattan Democrats jockeying for position in case Rep. Charlie Rangel might finally decide to retire. (Not this year, so far, but there’s time yet; let’s see what his district looks like when LATFOR gets done with it).
As chairman of the Manhattan Democratic Party, he’s also believed to have something of a leg up – particularly if Rangel retires mid-term, sparking a special election in which the party leaders, not the voters, would select the nominee. There is some concern among Bronx Democrats that they’ll end up getting the short end of the stick in the redistricting process, providing key voters to keep NY-15 a “black” district, but not getting a commensurate say in the district’s weighted vote.
Darrison told me in an email yesterday that Wright is focused on his re-election campaign. “We are thrilled to be working with Keith,” she said. “He’s just so solid!”
Wright hasn’t done much fundraising to speak of lately. According to his Jan. 15 filing with the state Board of Elections, he raised nothing over the past six months and has $49,642 on hand. He has started a “Wright 2012″ campaign committee, but so far it hasn’t filed any reports.
Darrison is a veteran Democratic fundraiser. Her past client list includes former Gov. Eliot Spitzer, former Gov. David Paterson and Gov. Andrew Cuomo.
Her current list includes Sen. Dan Squadron, a Brooklyn Democrat who has $134,944 in an unspecified campaign committee (he might run for citywide office in NYC in 2013), and $125,875 in his Senate account.
Darrison is also working with Assemblyman Micah Kellner, an Upper East Side Democrat who has $166,513 on hand in his campaign committee as of Jan. 15.
Take Capital Tonight and the State of Politics blog with you everywhere you go with our iPhone app! The mobile application features our blog posts, interviews, and a report news tool to send us your political news tips.