Monday, February 16, 2009
GIVE THEM HELL!!!
SHAME, SHAME, SHAME ON THE NYC BOARD OF ELECTIONS AND THEIR ATTORNEYS FOR REMOVING ME FROM THE BALLOT ON A TRIVIAL (AND i MEAN TRIVIAL) ERROR ON MY PETITIONS DENYING MY CONSTITUENTS AND VOTERS FREEDOM OF CHOICE. IT IS UNDEMOCRATIC, UNFAIR AND AS UN- AMERICAN AS CAN BE. WRITE THE NYC BOARD OF ELECTIONS, 32 BROADWAY, NY,NY 10007 AND LET THEM KNOW HOW YOU FEEL NOT ONLY FOR ME BUT FOR 3 OUT OF SEVEN HATCHETED.
Thursday, February 12, 2009
Setting The Record Straight!
Setting The Record Straight!
I, Sam DiBernardo, was not ruled off the ballot for lack of signatures. I was knocked off for a "Prima Facie " error-- because instead of putting on the petition "candidate for City Council Dist 32. I Put "INDEPENDENT" See Attached. The number of signatures on my petition was NEVER CHALLENGED BY THE BOARD OR ANY OTHER CANDIDATE! And, if not challenged whether one gets 10 or 10,000 signatures is totally irrelevant. If I could have won my challenge in NY State Supreme Court on Tue. Feb. 10th I would have been placed on the ballot for the Special Election to be held on Feb 24th to fill the vacant NYC Council seat in the 32nd District!
I was a witness to the “blood bath” that took place at the Board of Elections hearing on Feb. 3rd and I saw the Attorneys or, I should call sharks go after Frank Gallusio and Glenn DiResto only to administer the ”death blow” in court on February 9th. And in my case on the 10th.
After spending 2 days in the NY State Supreme Court chasing around like crazy my appeal was finally heard Feb 10. and denied by (unsympathetic) Justice Phyllis Orlikoff Flug. The Prima Facie error (using the word “Independent” instead of listing the 32nd City Council Dist., Queens NY) and that was the only matter under discussion. She said that the Election Law is as stated and that I didn't follow the rules. See the petition sample incl. and, denied my placement on the ballot. The Law was never cited in this case and the attorney’s overheard exiting the courtroom saying “we beat him!”
I wrote and argued my own case: PETITION IN SUPPORT OF MOTION TO PLACE CANDIDATES NAME ON THE BALLOT and filed every single supporting document and those legal forms required to file a case. I did not have a fool for a client—I fought a good battle and did as well or better than expected. With this judge Clarence Darrow would have failed!
I went up against 2 Board Of elections Attorneys and I got the judge to silence one for a fair fight. I was doing good for a while. They argued they weren't served properly and I won that --then they said I was late in filing the Appeal and I won that because the case was filed on the 9th Feb, the last day for filing. First the BOE sent some "schlub" a non-attorney and the judge tossed him out of the court room and told him to get the attorneys there and the case was held over 2 hrs more and, the judge refused to rule a default in my favor. Please note that if I were to be as late in arriving as the BOE atty’s (3 hours total) my case would have been thrown out the window! In all there were 4 hold overs, 2 courtrooms, and 2 judges the final being Hon. Judge Flug who, I’m not sure but, I believe, had ruled against Mr. Gallusio, myself and probably against Mr. DiResto who’s case was postponed over a week? You know Elections should NOT be decided by Attorneys, Boards of elections and certainly not by the courts and its judges. It seems that “the people be damned, and the voter left with little or no choice. ELECTIONS SHOULD BE BY THE PEOPLE, FOR THE PEOPLE AND LEFT TO THE PEOPLE To Elect WHO THEY WANT TO REPRESENT THEM… Sam DiBernardo
I, Sam DiBernardo, was not ruled off the ballot for lack of signatures. I was knocked off for a "Prima Facie " error-- because instead of putting on the petition "candidate for City Council Dist 32. I Put "INDEPENDENT" See Attached. The number of signatures on my petition was NEVER CHALLENGED BY THE BOARD OR ANY OTHER CANDIDATE! And, if not challenged whether one gets 10 or 10,000 signatures is totally irrelevant. If I could have won my challenge in NY State Supreme Court on Tue. Feb. 10th I would have been placed on the ballot for the Special Election to be held on Feb 24th to fill the vacant NYC Council seat in the 32nd District!
I was a witness to the “blood bath” that took place at the Board of Elections hearing on Feb. 3rd and I saw the Attorneys or, I should call sharks go after Frank Gallusio and Glenn DiResto only to administer the ”death blow” in court on February 9th. And in my case on the 10th.
After spending 2 days in the NY State Supreme Court chasing around like crazy my appeal was finally heard Feb 10. and denied by (unsympathetic) Justice Phyllis Orlikoff Flug. The Prima Facie error (using the word “Independent” instead of listing the 32nd City Council Dist., Queens NY) and that was the only matter under discussion. She said that the Election Law is as stated and that I didn't follow the rules. See the petition sample incl. and, denied my placement on the ballot. The Law was never cited in this case and the attorney’s overheard exiting the courtroom saying “we beat him!”
I wrote and argued my own case: PETITION IN SUPPORT OF MOTION TO PLACE CANDIDATES NAME ON THE BALLOT and filed every single supporting document and those legal forms required to file a case. I did not have a fool for a client—I fought a good battle and did as well or better than expected. With this judge Clarence Darrow would have failed!
I went up against 2 Board Of elections Attorneys and I got the judge to silence one for a fair fight. I was doing good for a while. They argued they weren't served properly and I won that --then they said I was late in filing the Appeal and I won that because the case was filed on the 9th Feb, the last day for filing. First the BOE sent some "schlub" a non-attorney and the judge tossed him out of the court room and told him to get the attorneys there and the case was held over 2 hrs more and, the judge refused to rule a default in my favor. Please note that if I were to be as late in arriving as the BOE atty’s (3 hours total) my case would have been thrown out the window! In all there were 4 hold overs, 2 courtrooms, and 2 judges the final being Hon. Judge Flug who, I’m not sure but, I believe, had ruled against Mr. Gallusio, myself and probably against Mr. DiResto who’s case was postponed over a week? You know Elections should NOT be decided by Attorneys, Boards of elections and certainly not by the courts and its judges. It seems that “the people be damned, and the voter left with little or no choice. ELECTIONS SHOULD BE BY THE PEOPLE, FOR THE PEOPLE AND LEFT TO THE PEOPLE To Elect WHO THEY WANT TO REPRESENT THEM… Sam DiBernardo
Thursday, February 5, 2009
VOTERS BLINDSIDED!
by Sam DiBernardo
Voters you are loosing it. You are being had! You are being screwed! You are being dooped! You are being fooled into thinking you have a choice of which candidate to vote for when in fact if the Board of Elections and Hired Gunsell lawyers, big mouth bullies, hired by the most vicious of candidates, who are calling the shots and controlling the electoral process and controlling who you can vote for!
SORRY, HOMEY DON’T PLAY THAT!!
Forget about choice! Forget about getting the most qualified and dedicated candidate; a candidate who can and will do the things you want from your elected official—one who's in tune with your needs, desires and, who is laying the groundwork for a newer and better generation; the one who’s ultimate concern is your family and especially YOUR CHILDREN!!!
This ridiculous and often outrageous process is why you end up with selfish political hacks who muck thing up so badly that it costs you big time. Forget about the big shots on Wall Street—they were left to their devices and greed by who else? By stupid, lazy, corrupt or all of the above politicians and that’s because you never had a CHOICE!
We don’t need politicians who can do us special favors—yes you would love that if you were on the receiving end—what we need is managers and leaders and bright and energetic men and women who say: “We can do more with less and do it better!” “Those who say we are not going to feed you but, teach you how to grow your own food so you can feed your family and your children—we will provide the “climate!”
The climate change we need is not in the atmosphere it is in government and business—IT IS IN US!!!
Sam DiBernardo
Voters you are loosing it. You are being had! You are being screwed! You are being dooped! You are being fooled into thinking you have a choice of which candidate to vote for when in fact if the Board of Elections and Hired Gunsell lawyers, big mouth bullies, hired by the most vicious of candidates, who are calling the shots and controlling the electoral process and controlling who you can vote for!
SORRY, HOMEY DON’T PLAY THAT!!
Forget about choice! Forget about getting the most qualified and dedicated candidate; a candidate who can and will do the things you want from your elected official—one who's in tune with your needs, desires and, who is laying the groundwork for a newer and better generation; the one who’s ultimate concern is your family and especially YOUR CHILDREN!!!
This ridiculous and often outrageous process is why you end up with selfish political hacks who muck thing up so badly that it costs you big time. Forget about the big shots on Wall Street—they were left to their devices and greed by who else? By stupid, lazy, corrupt or all of the above politicians and that’s because you never had a CHOICE!
We don’t need politicians who can do us special favors—yes you would love that if you were on the receiving end—what we need is managers and leaders and bright and energetic men and women who say: “We can do more with less and do it better!” “Those who say we are not going to feed you but, teach you how to grow your own food so you can feed your family and your children—we will provide the “climate!”
The climate change we need is not in the atmosphere it is in government and business—IT IS IN US!!!
Sam DiBernardo
Tuesday, February 3, 2009
KANGAROO COURT
Yes Virginia, today it was like a Kangaroo Court at the Board Of Elections and they kicked me off the ballot for a chickenshit, what they called, a "Prima Facie" fatal error. They said my petitions didn't let the signers know what district I was running for yet, ironically, when the called me to the podium I was called as the candidate from the 32nd Dist. Aren’t they saying “the hell with the voters in the NY City council District 32?” I guess they don’t read the newspapers naming me as one of seven candidates running for office in, again, the 32 District, Queens NY!
The Board Attorney sat there like Madam Defarge in “A Tale of Two Cities” and instead of "off with his head" it was "off the ballot!" And cut me short? Heck, they were afraid to let me speak my piece and called a guard to threaten and push me off my stand! Now I know what Jesus must have felt as he stood before Mr. P. Pilate!
It was like a gray suited lawyers convention, or more accurately, like a gathering of sharks at feeding time and oh don’t they love the smell of blood in the water! Those who hired the Attys with the biggest and loudest mouths made it onto the ballot. It was like the board and the Attys have a language and partnership of their own—their own club so to speak! Today I witnessed Attorney’s and Board Members arguing aloud about nick names and stars on petition sheets and I expected an argument of “how many angels can you fit on the head of a pin!” I'm going to fight and appeal but this kind of action should be totally unnecessary in a Democratic Society—the outcome of an election should NOT BE DECEIDED BY A BOARD OF ELECTIONS; IT SHOULD BE DECEIDED BY THE VOTERS—BY THE PEOPLE. I personally took the time and made the effort to put together a campaign for public office-- that I spent countless hours and, I went out and gathered signatures in the coldest and meanest of weather conditions just to be dismissed like some minor irritation to the Board Of Elections comprised of members from just the two and only two major parties. Who are they trying to kid? That Independent guy be damned!
Finally, let me point out that some Candidates backed by the Republican and Democratic Party’s sailed through the BOE’s hearings right onto the ballot with barely a whimper by board members although they are not safe either; one of the Candidates placed a shark in the water with them too! Do I have to draw you a picture? The score now—three down and four to go from the original seven candidates. At this rate who knows where it will end and this is why I believe the power to remove a candidate from the ballot be taken away from the BOE and that they be commissioned to act solely as an instrument to provide information and opinion to the public! Yes, this would mean more Candidates on the ballot and more freedom of choice for the Voting Public…
Folks, nothing is going to change unless people like you and I speak up and start to gather the supporters for meaningful change. God knows it is needed! Come on people, get behind me and let’s strike another blow for Democracy!!!
Write me and let me know how you feel.
Sam DiBernardo
The Board Attorney sat there like Madam Defarge in “A Tale of Two Cities” and instead of "off with his head" it was "off the ballot!" And cut me short? Heck, they were afraid to let me speak my piece and called a guard to threaten and push me off my stand! Now I know what Jesus must have felt as he stood before Mr. P. Pilate!
It was like a gray suited lawyers convention, or more accurately, like a gathering of sharks at feeding time and oh don’t they love the smell of blood in the water! Those who hired the Attys with the biggest and loudest mouths made it onto the ballot. It was like the board and the Attys have a language and partnership of their own—their own club so to speak! Today I witnessed Attorney’s and Board Members arguing aloud about nick names and stars on petition sheets and I expected an argument of “how many angels can you fit on the head of a pin!” I'm going to fight and appeal but this kind of action should be totally unnecessary in a Democratic Society—the outcome of an election should NOT BE DECEIDED BY A BOARD OF ELECTIONS; IT SHOULD BE DECEIDED BY THE VOTERS—BY THE PEOPLE. I personally took the time and made the effort to put together a campaign for public office-- that I spent countless hours and, I went out and gathered signatures in the coldest and meanest of weather conditions just to be dismissed like some minor irritation to the Board Of Elections comprised of members from just the two and only two major parties. Who are they trying to kid? That Independent guy be damned!
Finally, let me point out that some Candidates backed by the Republican and Democratic Party’s sailed through the BOE’s hearings right onto the ballot with barely a whimper by board members although they are not safe either; one of the Candidates placed a shark in the water with them too! Do I have to draw you a picture? The score now—three down and four to go from the original seven candidates. At this rate who knows where it will end and this is why I believe the power to remove a candidate from the ballot be taken away from the BOE and that they be commissioned to act solely as an instrument to provide information and opinion to the public! Yes, this would mean more Candidates on the ballot and more freedom of choice for the Voting Public…
Folks, nothing is going to change unless people like you and I speak up and start to gather the supporters for meaningful change. God knows it is needed! Come on people, get behind me and let’s strike another blow for Democracy!!!
Write me and let me know how you feel.
Sam DiBernardo
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