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Nassau County Dem Chair asks both parties to ignore Indepence Party line for governor
I never understood all the cross party endorsement stuff that goes on in NY. Apparently one of those small parties is involved in some bad things. The Nassau County Democratic Chair and former NYS chair wrote a letter asking Democratic and Republican candidates to stay off of the Independence party ballot to hopefully put it out of its misery. This has gotten a lot of press as you will find here:
<snip>
If both the Democratic and Republican candidates for governor reject the the Independence Party line, it could end up all but starving the organization out of existence. If a party’s gubernatorial candidate does not receive at least 50,000 votes on its ballot line every four yers, it loses its official status – not to mention its relevance.
Jacobs, a former state Democratic chairman himself, said that while the state’s other minor parties with ballot lines – Working Families, Conservative and Green – represent “clear political viewpoints,” the Independence Party exists largely to improve the financial status of its leaders.
Jacobs noted that his local branch of the Independence Party is run by Rick Bellando, who was selected by the state Party Chairman Frank MacKay, also a Long Islander. Bellando is an employee of Gary Melius, the owner of Oheka Castle, a hotel and catering facility in Suffolk County. Melius has been in the news lately after surviving a gunshot wound to the head – the result of an apparent assassination attempt.
<snip>
http://www.nystateofpolitics.com/2014/03/nassau-dem-chair-to-gov-candidates-reject-indy-party-line
If both the Democratic and Republican candidates for governor reject the the Independence Party line, it could end up all but starving the organization out of existence. If a party’s gubernatorial candidate does not receive at least 50,000 votes on its ballot line every four yers, it loses its official status – not to mention its relevance.
Jacobs, a former state Democratic chairman himself, said that while the state’s other minor parties with ballot lines – Working Families, Conservative and Green – represent “clear political viewpoints,” the Independence Party exists largely to improve the financial status of its leaders.
Jacobs noted that his local branch of the Independence Party is run by Rick Bellando, who was selected by the state Party Chairman Frank MacKay, also a Long Islander. Bellando is an employee of Gary Melius, the owner of Oheka Castle, a hotel and catering facility in Suffolk County. Melius has been in the news lately after surviving a gunshot wound to the head – the result of an apparent assassination attempt.
<snip>
http://www.nystateofpolitics.com/2014/03/nassau-dem-chair-to-gov-candidates-reject-indy-party-line
The letter from Jacobs is below:
Jay S. Jacobs
March 10th, 2014
The Hon. Stephanie Minor, Co-Chair
The Hon. Keith Wright, Co-Chair
New York State Democratic Committee
Dear Co-Chairs Minor & Wright:
As a former New York State Democratic Party Chair and as a currently serving County Chair, I have always believed that my highest responsibility is to promote and ensure the conduct of free and fair elections in my state and county. My second responsibility is to do the best that I can to assure that qualified Democrats are elected to office. I know that you both share that view. I write to you today because I believe that the Independence Party of New York wields unwarranted power, directs unwarranted financial benefits to its leaders and is a direct threat to the concept of “free and fair elections.”
In Nassau and in other suburban counties and many counties upstate and in Western NY, the ability to secure ballot position on the minor party lines can determine the outcome of what are often close elections. Candidates from both parties vigorously seek those cross-endorsements to improve their electoral prospects. Unquestionably, there is substantial value in the cross-endorsements of the minor parties.
The fact that New York is one of the few states that permits fusion voting (allowing candidates multiple lines on the ballot) requires that that policy must be based on some recognizable public interest. The argument has been that these parties represent the political interests of a significant segment of the population as established by their line receiving at least 50,000 votes in the preceding gubernatorial election. The implication is that the candidate who runs on these lines, no matter what office, either adheres to or aligns him or herself with, the philosophy and/or issues associated with that party. Agree with them or not, the Conservative, Working Families and Green parties represent clear political viewpoints. The Independence Party, however, stands for nothing.
Recent news articles, particularly in the NY Daily News, have established that many, if not most of those registered in the Independence Party do not believe that they are registered in an organized party at all. In Nassau, the Party is run by Rick Bellando, who was selected by State Chair, Frank MacKay. Bellando is an employee of Gary Melius, the owner of Oheka Castle, a hotel and catering facility in Suffolk. The Independence Party operates out of Oheka Castle as evidenced by the fact that its meetings, screenings and mailings occur at or come from the castle. Melius, most recently, was the victim of an attempted “mob-style hit” outside the grounds of Oheka Castle and is recovering from a head wound.
Nassau Independence Party financial filings with the NYS Board of Elections for the past two years reveal that more than 80% of the $183,577 spent went directly to Oheka Castle, Bellando and MacKay. Of the monies spent only 3.45% went toward any political
activities. In the latest filing, 92% went to Oheka and Bellando. A review of the financial filings demonstrates that the Independence Party is constituted and operated only for the financial benefit of its formal AND informal leadership. Worse yet are its activities to
influence the actions of elected officials who hunger for its line.
The fact that the Independence Party genuinely stands for nothing, supports virtually no political activity and appears to exist only for the financial benefit of its leadership, while distasteful, does not necessarily lead us to take action against it. It is the corrupt activities by its leadership that, I believe, have crossed that line. The following are some examples:
(1) Nassau County
Melius was virtually the sole financial support for Andrew Hardwick’s effort to obtain a separate line to run for County Executive. His campaign treasurer was an Oheka employee. It is widely believed that Hardwick, an African American, sought the line in an attempt to siphon minority votes away from the Democratic candidate. Hardwick’s attempt to petition his way onto the ballot was challenged in Court by the Democratic Committee. During the trial, a witness, Randy White, an African American man, testified that he was paid $1.25 per signature in cash, by Hardwick - a criminal violation of the Election Law. Hardwick disputed the charge and the judge ordered all parties, including White, back into court after the weekend to determine the facts.
On that Saturday, in an obvious attempt to influence the outcome of the case, Melius called the Nassau Police Commissioner, Thomas Dale requesting that White be arrested for perjury. Melius has boasted publically that he recommended Dale’s appointment to County Executive Mangano. Having no evidence of perjury to justify an arrest, the police, nonetheless, conducted a background check on White and used the pretext of an old outstanding civil bench warrant for failure to pay a $250 fine to have him arrested. It is important to note that 83,000 outstanding bench warrants exist in Nassau. That evening, Nassau detectives pulled over a public bus that White was riding on, arrested him and remanded him to the County Jail where, it is reported, he endured two strip searches and cavity checks.
After White’s arrest, plaintiffs raised the issue of witness intimidation before the court. Hardwick’s lawyers immediately withdrew their attack on White’s original testimony. In the end, Hardwick was ruled off the ballot on the basis of pervasive election fraud, a
ruling upheld by a unanimous Appellate Division decision. The Nassau DA chose not to prosecute anyone but issued a report to the County Executive who forced the immediate resignations of Commissioner Dale and the Chief of Detectives.
(2) Suffolk County
Newsday reported on March 2nd, 2014, about “another troubling incident involving Melius and MacKay that, at best, can be described as an unsavory coincidence in which a judge closely connected with MacKay delivered a ruling favorable to Melius” in a case
involving the production of ignition interlocks required to be installed in vehicles of drivers convicted of driving while intoxicated. The Judge, Thomas Whalen, is the godfather of MacKay’s daughter. MacKay is “Whalen’s longtime political benefactor.”
According to Newsday, “Whelan granted Melius’ motion . . . to force John Ruocco, the founder of Interceptor Ignition Interlocks, to hold a shareholder meeting.” “During the contentious meeting, Melius attempted to nominate MacKay to the company’s board of directors. Whelan, an Independence Party member, who would not have been on the bench without the efforts of MacKay, reportedly chose not to disclose his connections to MacKay and did not recuse himself from hearing the case.
Melius and Ruocco “signed an agreement in 2010 that would give Melius shares in Interceptor if Melius helped in ‘the enactment or amendment of laws’ requiring the technology Interceptor could provide. Later that year, Suffolk County lawmakers passed such a law, earning Melius his shares, according to Whalen’s ruling.” Why a business owner would think to reach out to a local caterer to get laws changed is an open question. The fact that Melius seems to have engaged in “lobbying” without having registered as a
lobbyist is an apparent violation of law. If Newsday’s reporting is accurate, the contractual relationship Melius had for this lobbying may have violated the state procurement lobbying law’s prohibition on contingent fees. This would mean that Judge Whelan awarded the stock to Melius upon a prima facie act of illegality.
The article continues: “Newsday has previously reported that Whalen acted as legal advisor to MacKay during his rise to Independence Party chairman. MacKay, in turn, was among those who helped resurrect Whalen’s public career.” “In 1988, Whalen crossed the
median on the Southern State Parkway and collided with an oncoming car, seriously injuring a . . . man. He was charged with second-degree assault and driving while intoxicated.” In spite of that being his second DWI, he was “ultimately convicted of three misdemeanors and a traffic violation.” “Whalen’s public career got a boost in 2000 when he was nominated for a judgeship. He secured Democratic backing after the Independence Party – headed by MacKay – agreed to support other Democratic candidates.
Newsday reported on March 5th that the Suffolk DA, Thomas Spota, was granted an order sealing the civil case records in this matter. It was reported that the “sealing order contains a case number that refers to a grand jury investigation.”
(3) Moreland Commission
The Moreland Commission recently cited the Independence Party as one of the more egregious examples of shadowy spending practices noting its long history of funneling housekeeping monies through various entities in order to run attack ads against political candidates (reference pages 38-39 of the Commission Report).
Conclusion
How is it that a minor party leader can choose the police commissioner in a county of nearly 1.4 million people and order another citizen’s arrest? Why is it that there have been no real investigations of witness intimidation or any criminal prosecutions? Why is a
caterer thought to be a position to influence legislation in his home county? How can a judge be so clearly connected to one of the litigants and yet elected to hear the case nonetheless? How does someone with his record end up a Supreme Court judge?
Each of us can do what others have chosen to do – look away for the sake of expedience and out of fear of offending the leaders of a minor party that “owns” valuable real estate on the ballot. But, we need to ask ourselves this simple question: Is this a party
that honest candidates genuinely committed to ethics in government want to associate themselves with? Just last week Newsday’s Editorial Board called on both major parties’ candidates for governor to “stop the charade by refusing the party’s embrace.”
Dealing with this corrupt party requires no change in the law - only political courage. I urge the State Committee to work toward an agreement whereby the Democratic and Republican candidates for governor mutually and jointly agree that they will not accept
the Independence Party’s nomination.
Sincerely,
Jay S. Jacobs
Chairman, Nassau County Democratic Committee
Cc: The Hon. Andrew Cuomo, Governor
The Hon. Eric Schneiderman, Attorney General
The Hon. Thomas DiNapoli Comptroller
The Hon. Sheldon Silver, Speaker of the Assembly
The Hon. Andrea Stewart Cousins, State Senate Democratic Caucus Leader
The Hon. Jeff Klein, Senate Independent Democratic Caucus Leader
Democratic County Chairs of the State of New York
Members of the Democratic State Committee
Sheila Comar, Chair of the Executive Committee of the State Committee
Members of the Nassau County Democratic Committee
Nassau County Democratic Elected Officials
March 10th, 2014
The Hon. Stephanie Minor, Co-Chair
The Hon. Keith Wright, Co-Chair
New York State Democratic Committee
Dear Co-Chairs Minor & Wright:
As a former New York State Democratic Party Chair and as a currently serving County Chair, I have always believed that my highest responsibility is to promote and ensure the conduct of free and fair elections in my state and county. My second responsibility is to do the best that I can to assure that qualified Democrats are elected to office. I know that you both share that view. I write to you today because I believe that the Independence Party of New York wields unwarranted power, directs unwarranted financial benefits to its leaders and is a direct threat to the concept of “free and fair elections.”
In Nassau and in other suburban counties and many counties upstate and in Western NY, the ability to secure ballot position on the minor party lines can determine the outcome of what are often close elections. Candidates from both parties vigorously seek those cross-endorsements to improve their electoral prospects. Unquestionably, there is substantial value in the cross-endorsements of the minor parties.
The fact that New York is one of the few states that permits fusion voting (allowing candidates multiple lines on the ballot) requires that that policy must be based on some recognizable public interest. The argument has been that these parties represent the political interests of a significant segment of the population as established by their line receiving at least 50,000 votes in the preceding gubernatorial election. The implication is that the candidate who runs on these lines, no matter what office, either adheres to or aligns him or herself with, the philosophy and/or issues associated with that party. Agree with them or not, the Conservative, Working Families and Green parties represent clear political viewpoints. The Independence Party, however, stands for nothing.
Recent news articles, particularly in the NY Daily News, have established that many, if not most of those registered in the Independence Party do not believe that they are registered in an organized party at all. In Nassau, the Party is run by Rick Bellando, who was selected by State Chair, Frank MacKay. Bellando is an employee of Gary Melius, the owner of Oheka Castle, a hotel and catering facility in Suffolk. The Independence Party operates out of Oheka Castle as evidenced by the fact that its meetings, screenings and mailings occur at or come from the castle. Melius, most recently, was the victim of an attempted “mob-style hit” outside the grounds of Oheka Castle and is recovering from a head wound.
Nassau Independence Party financial filings with the NYS Board of Elections for the past two years reveal that more than 80% of the $183,577 spent went directly to Oheka Castle, Bellando and MacKay. Of the monies spent only 3.45% went toward any political
activities. In the latest filing, 92% went to Oheka and Bellando. A review of the financial filings demonstrates that the Independence Party is constituted and operated only for the financial benefit of its formal AND informal leadership. Worse yet are its activities to
influence the actions of elected officials who hunger for its line.
The fact that the Independence Party genuinely stands for nothing, supports virtually no political activity and appears to exist only for the financial benefit of its leadership, while distasteful, does not necessarily lead us to take action against it. It is the corrupt activities by its leadership that, I believe, have crossed that line. The following are some examples:
(1) Nassau County
Melius was virtually the sole financial support for Andrew Hardwick’s effort to obtain a separate line to run for County Executive. His campaign treasurer was an Oheka employee. It is widely believed that Hardwick, an African American, sought the line in an attempt to siphon minority votes away from the Democratic candidate. Hardwick’s attempt to petition his way onto the ballot was challenged in Court by the Democratic Committee. During the trial, a witness, Randy White, an African American man, testified that he was paid $1.25 per signature in cash, by Hardwick - a criminal violation of the Election Law. Hardwick disputed the charge and the judge ordered all parties, including White, back into court after the weekend to determine the facts.
On that Saturday, in an obvious attempt to influence the outcome of the case, Melius called the Nassau Police Commissioner, Thomas Dale requesting that White be arrested for perjury. Melius has boasted publically that he recommended Dale’s appointment to County Executive Mangano. Having no evidence of perjury to justify an arrest, the police, nonetheless, conducted a background check on White and used the pretext of an old outstanding civil bench warrant for failure to pay a $250 fine to have him arrested. It is important to note that 83,000 outstanding bench warrants exist in Nassau. That evening, Nassau detectives pulled over a public bus that White was riding on, arrested him and remanded him to the County Jail where, it is reported, he endured two strip searches and cavity checks.
After White’s arrest, plaintiffs raised the issue of witness intimidation before the court. Hardwick’s lawyers immediately withdrew their attack on White’s original testimony. In the end, Hardwick was ruled off the ballot on the basis of pervasive election fraud, a
ruling upheld by a unanimous Appellate Division decision. The Nassau DA chose not to prosecute anyone but issued a report to the County Executive who forced the immediate resignations of Commissioner Dale and the Chief of Detectives.
(2) Suffolk County
Newsday reported on March 2nd, 2014, about “another troubling incident involving Melius and MacKay that, at best, can be described as an unsavory coincidence in which a judge closely connected with MacKay delivered a ruling favorable to Melius” in a case
involving the production of ignition interlocks required to be installed in vehicles of drivers convicted of driving while intoxicated. The Judge, Thomas Whalen, is the godfather of MacKay’s daughter. MacKay is “Whalen’s longtime political benefactor.”
According to Newsday, “Whelan granted Melius’ motion . . . to force John Ruocco, the founder of Interceptor Ignition Interlocks, to hold a shareholder meeting.” “During the contentious meeting, Melius attempted to nominate MacKay to the company’s board of directors. Whelan, an Independence Party member, who would not have been on the bench without the efforts of MacKay, reportedly chose not to disclose his connections to MacKay and did not recuse himself from hearing the case.
Melius and Ruocco “signed an agreement in 2010 that would give Melius shares in Interceptor if Melius helped in ‘the enactment or amendment of laws’ requiring the technology Interceptor could provide. Later that year, Suffolk County lawmakers passed such a law, earning Melius his shares, according to Whalen’s ruling.” Why a business owner would think to reach out to a local caterer to get laws changed is an open question. The fact that Melius seems to have engaged in “lobbying” without having registered as a
lobbyist is an apparent violation of law. If Newsday’s reporting is accurate, the contractual relationship Melius had for this lobbying may have violated the state procurement lobbying law’s prohibition on contingent fees. This would mean that Judge Whelan awarded the stock to Melius upon a prima facie act of illegality.
The article continues: “Newsday has previously reported that Whalen acted as legal advisor to MacKay during his rise to Independence Party chairman. MacKay, in turn, was among those who helped resurrect Whalen’s public career.” “In 1988, Whalen crossed the
median on the Southern State Parkway and collided with an oncoming car, seriously injuring a . . . man. He was charged with second-degree assault and driving while intoxicated.” In spite of that being his second DWI, he was “ultimately convicted of three misdemeanors and a traffic violation.” “Whalen’s public career got a boost in 2000 when he was nominated for a judgeship. He secured Democratic backing after the Independence Party – headed by MacKay – agreed to support other Democratic candidates.
Newsday reported on March 5th that the Suffolk DA, Thomas Spota, was granted an order sealing the civil case records in this matter. It was reported that the “sealing order contains a case number that refers to a grand jury investigation.”
(3) Moreland Commission
The Moreland Commission recently cited the Independence Party as one of the more egregious examples of shadowy spending practices noting its long history of funneling housekeeping monies through various entities in order to run attack ads against political candidates (reference pages 38-39 of the Commission Report).
Conclusion
How is it that a minor party leader can choose the police commissioner in a county of nearly 1.4 million people and order another citizen’s arrest? Why is it that there have been no real investigations of witness intimidation or any criminal prosecutions? Why is a
caterer thought to be a position to influence legislation in his home county? How can a judge be so clearly connected to one of the litigants and yet elected to hear the case nonetheless? How does someone with his record end up a Supreme Court judge?
Each of us can do what others have chosen to do – look away for the sake of expedience and out of fear of offending the leaders of a minor party that “owns” valuable real estate on the ballot. But, we need to ask ourselves this simple question: Is this a party
that honest candidates genuinely committed to ethics in government want to associate themselves with? Just last week Newsday’s Editorial Board called on both major parties’ candidates for governor to “stop the charade by refusing the party’s embrace.”
Dealing with this corrupt party requires no change in the law - only political courage. I urge the State Committee to work toward an agreement whereby the Democratic and Republican candidates for governor mutually and jointly agree that they will not accept
the Independence Party’s nomination.
Sincerely,
Jay S. Jacobs
Chairman, Nassau County Democratic Committee
Cc: The Hon. Andrew Cuomo, Governor
The Hon. Eric Schneiderman, Attorney General
The Hon. Thomas DiNapoli Comptroller
The Hon. Sheldon Silver, Speaker of the Assembly
The Hon. Andrea Stewart Cousins, State Senate Democratic Caucus Leader
The Hon. Jeff Klein, Senate Independent Democratic Caucus Leader
Democratic County Chairs of the State of New York
Members of the Democratic State Committee
Sheila Comar, Chair of the Executive Committee of the State Committee
Members of the Nassau County Democratic Committee
Nassau County Democratic Elected Officials
Newsday has chimed in as well:
Editorial: Kick the Independence Party off the ballot
The chairman of New York's Independence Party insisted that its screening for congressional candidates at Oheka Castle go on as planned, just five days after a hit man tried to kill Gary Melius, the owner of the Gold Coast estate and a broker for the party's endorsements.
"It's business as usual," said party chairman Frank MacKay.
Business as usual for the Independence Party must end.
Even before the shooting, this very minor party with outsized influence, especially with the state's judiciary, was on the ropes. The party, which was formed in 1994 with a kernel of an idea for election reform, was heavily criticized in December for campaign financing improprieties in the 2012 elections. The criticism came from a state Moreland Commission investigating public corruption.
<snip>
http://www.newsday.com/opinion/editorial-kick-the-independence-party-off-the-ballot-1.7308221
The chairman of New York's Independence Party insisted that its screening for congressional candidates at Oheka Castle go on as planned, just five days after a hit man tried to kill Gary Melius, the owner of the Gold Coast estate and a broker for the party's endorsements.
"It's business as usual," said party chairman Frank MacKay.
Business as usual for the Independence Party must end.
Even before the shooting, this very minor party with outsized influence, especially with the state's judiciary, was on the ropes. The party, which was formed in 1994 with a kernel of an idea for election reform, was heavily criticized in December for campaign financing improprieties in the 2012 elections. The criticism came from a state Moreland Commission investigating public corruption.
<snip>
http://www.newsday.com/opinion/editorial-kick-the-independence-party-off-the-ballot-1.7308221
Some more info about the Independence Party from Wikipedia:
Founding
The unexpectedly strong showing of Ross Perot in the 1992 U.S. presidential election raised the profile of political independents in the country and led to centrist political parties in many states. The Independence Party (IP) of New York was founded in 1991, but rose to prominence in the 1992 election. It achieved ballot status in New York in 1994. The Independence Party is no longer associated with the Reform Party of the United States, which was directly founded by Perot in 1995. The Independence Party was no longer affiliated with the Reform Party USA as of 2000.[10]
McCain
In the 2008 Presidential Election, the Independence Party endorsed John McCain for President and Sarah Palin for Vice President. They received 163,973 votes on the Independence Party line, compared to 170,475 on the Conservative Party line and 2,418,323 on the Republican Party line.
On April 5, 2009, the Independence Party endorsed Michael Bloomberg for Mayor of New York City.[15]
In September 2009 Assemblyman Fred Thiele switched parties from the Republican Party to the Independence Party.
Investigation
On February 18, 2011, the Independence Party's assets were frozen as a result of an investigation into the theft of $1.2 million from the campaign of Michael Bloomberg, which ended up in the Independence Party's accounts.[16]
http://en.wikipedia.org/wiki/Independence_Party_of_New_York
The unexpectedly strong showing of Ross Perot in the 1992 U.S. presidential election raised the profile of political independents in the country and led to centrist political parties in many states. The Independence Party (IP) of New York was founded in 1991, but rose to prominence in the 1992 election. It achieved ballot status in New York in 1994. The Independence Party is no longer associated with the Reform Party of the United States, which was directly founded by Perot in 1995. The Independence Party was no longer affiliated with the Reform Party USA as of 2000.[10]
McCain
In the 2008 Presidential Election, the Independence Party endorsed John McCain for President and Sarah Palin for Vice President. They received 163,973 votes on the Independence Party line, compared to 170,475 on the Conservative Party line and 2,418,323 on the Republican Party line.
On April 5, 2009, the Independence Party endorsed Michael Bloomberg for Mayor of New York City.[15]
In September 2009 Assemblyman Fred Thiele switched parties from the Republican Party to the Independence Party.
Investigation
On February 18, 2011, the Independence Party's assets were frozen as a result of an investigation into the theft of $1.2 million from the campaign of Michael Bloomberg, which ended up in the Independence Party's accounts.[16]
http://en.wikipedia.org/wiki/Independence_Party_of_New_York
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