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