Monday, October 7, 2013

perhaps he is interested in NY PML Sec 109


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Lawsuit filed against Board of Elections over casino referendum language

Posted on October 1, 2013 at 5:02 pm by Casey Seiler, Capitol bureau chief in Board of Elections, Casinos, Election Law, GAMBLING
A Brooklyn voter unhappy with what he sees as pro-casino advocacy in the state’s ballot language for Proposition One is suing the Board of Elections.
Eric J. Snyder complains that the state is showing a bias in favor of the referendum on the Nov. 5 ballot that would allow for up to seven new casinos in New York. He sued on Tuesday in state court.
Snyder, 52, an attorney who got his degree from the University of Buffalo in 1987, opposes the state board describing the casino expansion as “promoting job growth, increasing aid to schools, and permitting local government to lower property taxes.”
This, he said, constitutes the use of public money to advocate the position of a public institution, in violation of the New York State Constitution and inserting this “advocacy language” to the amendment is outside the Board of Election’s scope of authority.
Snyder sued government once before, taking action against the state education department to try to block Cathie Black’s ability to become New York City School chancellor.
A copy of the new lawsuit and supporting memorandum of law are attached. Here’s the lawsuit:
Update: Here’s the webcast of the Board of Elections meeting where the ballot language was approved; discussion of the gaming issue begins at 1:38:00:

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Casey Seiler, Capitol bureau chief

12 Comments »
  1. hawkny says:
    October 1, 2013 at 6:04 pm
    This is all Steve’s fault.
    Reply
  2. Snapdragon says:
    October 1, 2013 at 6:22 pm
    Way to go, Mr. Snyder!!! Hold Andrew’s feet to the fire!
    Reply
  3. andrew scott says:
    October 1, 2013 at 6:42 pm
    But of course the wording is slanted toward a particular outcome.
    They take their marching orders from the Governot-er CuoNo.
    I thinks he’s smokin weed he lights with a novelty gun lighter and playing poker during all those “no public schedule” days he spends in NYC.
    Reply
  4. Gerald says:
    October 1, 2013 at 6:54 pm
    Vote ‘No’ on this state referendum…casino building is not economic development…it’s gambling…there are three being built in the very near future next door in Mass…Atlantic’s casinos are on the verge of bankruptcy…and the surrounding environs are not pretty! So, Governor: when are you going to come up w/a sound fiscal plan for weaning school districts off the monies of hard working property owners in the Empire State of New York? When you say that monies from your proposed NY casinos will help schools – by how much? For how long…wasn’t the State Lottery supposed to do the very same thing for schools…but the costs have gone through the roofs of all of us the last 40 years when the State language for schools was included back then…has the Lottery kept up w/inflation for school districts throughout NY? Where’s the help for property owners? Why all the antiquated so-called ‘mandates’ forced upon localities…well, our personal and home budgets mandate that there’s no more for the Albany coffers – for the next 40 years! Lol!…same old same old in Albany…
    GPlanteStockadeDems12305
    Reply
  5. Walt says:
    October 1, 2013 at 8:31 pm
    Even if he wins the lawsuit, it wn’t be in time to change the language on the ballot. All it should read is “Amendmnet to the State Constitution to allow cainos to operate in NYS”. Anything beyond the core facts is public advocay. Let Cuomo’s shadow not for profit group once again spend their millions on promoting his agenda. Taxpayer funds should not be used to advocate for or against the proposal.
    Reply
  6. Jesse says:
    October 1, 2013 at 10:00 pm
    I agree with the lawsuit. The gambling choice should definitely be up to the voters, but the current wording is obviously biased. It should say “Proposition one Constitutional Referendum- This amends the New York State Constitution to allow organized Las Vegas style Gambling” It explains what the amendment actually does and does so in an unbiased manner.
    As for the actual plan… I am all for development, but unless the casinos were set to one city in upstate New York (creating an Atlantic City/Las Vegas of NY) or were in the NYC area, I do not think the tax benefits and job growth will be as large as suggested.
    Reply
  7. Dirtnut says:
    October 1, 2013 at 10:26 pm
    Not only is this part of the referendum wrong, so is the Dark Prince and his henchmen, led by Double Dipping overpaid yes man Bob Duffy running all over the state spreading the lies and propaganda about the economic growth, jobs, etc… Total false hoods. Lots of studies out that the 1. Casino market is over saturated. 2. Casino revenue is down from Atlantic City to Vegas to Biloxi 3. The hurt put on families of parents trying to ‘hit the big one’ when the mortgage, utilities, car payments, etc. are not made and groceries are not purchased are not even mentioned by these con artists. I know most people do not fall into this category but Bob Duffy sure does not mention any that do. And lastly the big falsehood of Increase Education Spending!!! If anyone really believes that one, I have a Tappan Zee bridge to sell you, as the feds just shot down Andy on a big part of the funding. The falsehood lies in the same ruse as Lottery Funds increasing education spending, the real truth is the proper wording is ‘in lieu of’ because as lottery money goes in, budget money comes out. The way Andy is forcing teachers out, school districts to cut cut and cut some more… Where has there been any increase.
    VOTE NO to stave off this next NYS debacle!!!
    Reply
  8. JG says:
    October 2, 2013 at 7:40 am
    Good job, these casinos only will bring an artificial construction boost in employment. People are not going to cross state lines to come and play at these joints when they have their own.
    Also, if casinos are something Andrew wants, we all should vote no to send a message.
    Reply
  9. Just an Observer says:
    October 2, 2013 at 8:24 am
    He needs to start with a decision by the courts to remove the referendum from the ballot until they decide the case
    Reply
  10. TheOtherSideNY says:
    October 2, 2013 at 9:12 am
    Great job Mr. Synder! This obviously should be a simple yes or no vote without the favorable spin being put on it by the Board of Elections (aka people appointed by Cuomo). This sets a very bad precedent for future elections. I can see it now…in the 2014 election on the ballot for Cuomo it will read, “Creating jobs, lowering taxes, bettering the lives of children, women and minorities, savings lives (SAFEAct) and fighting corruption. Governor Cuomo the greatest Governor EVER!!!” It might even include a picture of him standing next to Bon Jovi or Billy Joel. Yup, that’s fair.
    Reply
  11. EriK says:
    October 2, 2013 at 10:03 am
    Thank you Mr. Snyder
    Reply
  12. Truth Is Stranger Than Fiction says:
    October 2, 2013 at 5:38 pm
    Inappropriate wording–should not attempt to influence voter. The language used is also factually deficient–the best you can hope for is that gambling is job neutral after construction is completed. Casino right across the border from Niagara Falls is losing money, shedding jobs, and likely to be closed down soon. This is being done so politicians can get paid kickbacks by casino interests. no substitute for real economic development plans–Give it ups Little Mario.
    Reply
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