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Multiple Lawsuits Filed in First District Council Race

It appears the State Supreme Court is going to be kept busy next week dealing with the legal maneuverings of the candidates running for the First District City Council seat. Earlier today, we reported that candidate Margaret Chin has filed suit against rival PJ KIm. Now comes word that Councilman Alan Gerson, who has been thrown off the ballot, has filed a suit against the city's Board of Elections. Also, another candidate, Pete Gleason, has filed an "invalidating petition," against Gerson and the Elections Board, arguing that he should not be allowed back on the ballot.

The Gerson campaign has said a printer's error was responsible for an incorrect address on the cover sheet on one volume of his petitions. This is how the Downtown Express has characterized what happened next:

When the Board of Elections wrote Gerson about the
mistake, he sent one of his campaign volunteers down to fix the error.
The volunteer, who is an elections lawyer, crossed off the extra “1”s
but forgot one key thing: At the bottom of the amended cover sheet, he
was supposed to write, “This is to certify that I am authorized to file
this amended cover sheet” and then sign and date it, said Valerie
Vazquez, spokesperson for the Board of Elections. Gerson
said the volunteer realized his mistake while he was still in the
building and tried to correct it, but the Board of Elections would not
allow him to do so. “You only have one
opportunity to cure a defect,” Vazquez said. The cover sheet “was not
presented to the board in accordance with the rules.”

The article, in yesterday's newspaper, continues:

Gerson, who is a lawyer, defended his decision to not
go down to the Board of Elections himself when the issue with the
petitions first came to light last week. “I’m
not an election lawyer, I didn’t think it was necessary, and my first
priority remains the business of my district,” Gerson said.

The Gleason camp is calling into question the Gerson statement that he did not go to the Board of Elections Office personally. Gleason's lawyer, Ray Dowd, says if it can be proven that Gerson was handling the issue himself, then he's guilty of fraud. Even if Gerson wasn't present, Dowd contends Gerson was still responsible for the actions of his staffers and the printer. Dowd says the Gleason campaign is not dwelling on a trivial matter. Instead, he argues the counter-lawsuit is about upholding an important principle: the integrity of the petition process — and a framework that is meant to ensure the candidates on the ballot have a "mandate from the people."

But the Gerson team made a different argument in the Downtown Express article:

Lawrence A. Mandelker, an election lawyer Gerson hired,
said the Board of Elections was wrong to ask Gerson to submit an
amended cover sheet in the first place, since there was no problem with
the original cover sheet. The board could have just discounted the
petitions with the incorrect address, which would have left more than
enough signatures to qualify Gerson for the ballot, Mandelker said. The
goal of election law is to prevent fraud, “And here, there was no
fraud,” Mandelker said. “It’s an outrageous thing, and I don’t think
the court would stand for it for one second.”

We have a call into the Gerson campaign, seeking comment.

The Gleason campaign is also challenging candidate Arthur Gregory's petitions through the Election Board's normal complaint procedure.This is what Gregory had to say about that on his Facebook page:

My petitions have been challenged by John Ross hwo live on W. Broadway in Tiberca NYC, He says he did it because friends told him and his wife Catherine, that I supported loud noise bars, (which I do not). He then stated it was really Pete Gleason one of my oppentants, who for day's has said he had not, until his lawer R. Dowd told him to. I have 2 get a lawyer now.

Regarding the Chin/Kim suit, we have heard back from Margaret Chin's campaign manager Jake Itzkowitz about the lawsuit she has filed against Kim. Here's a portion of the statement he emailed to us:

Margaret Chin… has filed a legal challenge to Jin ‘PJ’
Kim’s designating petitions contending that on top of an alarmingly high rate
of invalid signatures, a large number of the witness statements in Kim’s
petitions were either forged or tampered with. Margaret Chin, who has always
fought for equality and justice, saw the gross forgeries as an assault on the
rights of the voters in District 1 to have authentic candidates on the ballot… As to why we chose to raise these issues in court, rather than at the Board of Elections,
fraud and tampering are serious
allegations and severe breaches of the voters trust. It is only appropriate
that these concerns are debated in a court of law.

It should be an interesting day at the courthouse on Monday.

“Tides” Closed For Good

From the “not very surprising” file, “Tides,” the tiny seafood restaurant on Norfolk, is closed for good. Earlier this month, there was a sign on the door saying the restaurant would be closed during the month of July. Today, there’s a new sign announcing that, after four years, “Tides” is calling it quits. It says, in part, “we hoped to survive in these difficult times but the lack of business made our decision obvious.”

New Seward Park Board Seeks to Raise Co-op's Profile

The Seward Park Co-op is making plans to revitalize the retail strip it owns on Grand and Clinton Streets — with the eventual goal of transforming the area into a shopping and dining destination. Three new board members were recently elected to represent the Co-op’s more than 17-hundred shareholders. Seward Park’s new president, Michael Tumminia, and two longtime directors, sat down with The Lo-Down recently to discuss their vision for the future.

Continue reading New Seward Park Board Seeks to Raise Co-op’s Profile

Weekend Arts & Entertainment

Joyce_El-Khoury_2009 Head down to the East River Park for some free opera tonight at 7:00pm. (At the bandshell along the East River, between Grand and Jackson Sts.)  The Metropolitan Opera continues it's series of summer recitals in the parks of all five boroughs. (Unfortunately, the Met does not offer rain dates for these shows.)  Tonight's line-up is:Joyce El-Khoury, soprano, Keith Miller, bass, Vlad Iftinca, pianist and Francois Battiste will host.

Soprano Joyce El-Khoury


Rooftop Films has announced their August-September Schedule and will be back on the Lower East Side In early September at the Open Road Rooftop for a series of short films.

City Council Candidate Margaret Chin Sues Rival, Elections Board

The District 1 City Council race is taking more twists and turns this morning. Once again, there is controversy surrounding the petitions candidates must submit to the city's Board of Elections to get on the ballot. Candidate PJ Kim tells The Lo-Down he is being sued by another candidate in the race, Margaret Chin. According to the Downtown Express, two initial complaints filed with the Board of Elections against Kim's petitions, by individuals with ties to Chin's campaign manager, were dropped. But now, Kim says he was served with court papers Wednesday evening, while attending a "meet the candidate" event at a supporter's home. A check of the New York State Supreme Court's online records confirms that Chin has, in fact, filed suit against Kim and the Board of Elections.

A statement from Kim's campaign theorizes that Chin may have decided to mount the legal challenge after incumbent City Council candidate Alan Gerson was knocked off the ballot due to a technical error because she is "worried by the changing calculus of this race." Gerson is appealing the decision before the Elections Board next Wednesday.  The election rules specify that signatures candidates gather must come from registered voters who live in the district. Supporters of other candidates have alleged that Kim's petitions contain a large number of signatures from outside the district, and are therefore invalid. Another Gerson challenger, Arthur Gregory, also faces a petition challenge – we'll have more on that later today.

Meanwhile, the Downtown Express wades into a discussion that has been percolating online regarding Kim's political past. When Kim was 17, he interned for Republican Bill Frist, the senator from his home state of Tennessee. In 2001, he registered as a Republican in New York. But the newspaper notes he has volunteered for numerous Democratic candidates, including Howard Dean, John Kerry, Hillary Clinton and Barack Obama.When he moved to Massachusetts to attend Harvard, Kim registered as a Democrat and, when he returned to New York, he changed his registration here. Kim, who's 30 years old, told us how his political perspective has changed in the last decade:

…more life experience, particularly living in New York City after growing up in Tennessee and Louisiana, and my continuing education and exposure have shaped my views about social justice and market failure, balancing equity and efficiency, and the value of inclusiveness over divisiveness – all values that I am proud to advance as a volunteer on numerous campaigns, as a social entrepreneur who has worked in both business and the nonprofit sector, and now, as a candidate for City Council.

There are five candidates running in the 1st District, including Gerson, Chin, Kim, Pete Gleason and Arthur Gregory. We have reached out to Chin's campaign and the Elections Board. More later.