Have You Stopped Beating Your Wife Yet!!! - Try Answering That Loaded Question In Your Best Interest! - More On Cape Vincent Voter Fraud Claims

Seasonal voting in Cape Vincent? Here we go again!!!

So right up front let’s look at what the case law says from the NY Court of Appeals from the link below

http://www.countryvote.org/sources.html

"The key case from New York State’s highest court is Ferguson v. McNab, 60 N.Y.2d 598 (N.Y. 1983), which held that a person having two residences “may choose one to which she has legitimate, significant and continuing attachments as her residence for purposes of the Election Law.”

Note that there is NO language here that says one has to be a “primary residence”

The whole 2011 Cape Vincent election controversy surrounding seasonal resident voters is back in the news. I am sure you have seen the story on the other Cape Vincent blogs.

See the link below to the WDT article. Also note the link in the article to a letter sent to the Jefferson County Board of elections from an assessor in Canandaigua NY.

http://www.watertowndailytimes.com/article/20130321/NEWS03/703219936

The basics of the controversy are that the assessor removed the STAR exemption from a couple who have what they consider a primary residence in Canandaigua, and chose to register and vote in the 2011 CV elections.

Apparently Mr. Hirschey the CV Town Supervisor attempted to assist the couple in straightening out the voting and STAR tax exemption issue. The Canandaigua assessor is claiming voter fraud. That is a serious very serious charge on his part that does not appear to match NY voting laws and specific case law that is binding on the subject.

But note the assessors question to the husband of CV voting couple.

It is a loaded question that has no relevance to the issue. It’s like asking “ Have you stopped beating your wife yet?”…you can’t answer it yes or no and come out looking any good because it uses a completely false premise that you actually are a wife beater when you aren’t . The assessors question is somewhat the same.

The CV voters say they consider their primary residence as Canandaigua. The he asked the husband. (The assessor’s questions below)

 “When I asked him if he was voting  in CV the following day (November 8^th) he stated he had already voted.”  I then asked him as of November 7^th, 2011 what town he considered to be his primary residence, he answered Canandaigua.”

The assessor then accused the person of voter fraud, because he had not resided in CV for 30 day prior to the election.  WHAT????   Where the subject considers his primary residence has no bearing on the issue for the purpose of voter laws as the case law shows AND is not proof of where he resided in the last 30 days.  In my opinion this It is an idiot question!!!

Is the assessor dense with these statements???!!!

The primary residence has NO bearing on the issue whether the husband is claiming it the day before the election of or 30 days prior. It is manipulative question and shows a gross lack of understanding of NY voter laws and the case law that supports them. And this Brown guy is not an election official for Christ’s sake , he is an assessor!

Maybe he should check the case law before he creates such a serious liability for himself. The highest court in NYS has said that if you own two residences you can vote at the one you want for the purpose of election laws in NY. And talking of case law. Maybe this couple should sue the assessor for his voter fraud claims. In fact maybe the seasonal voters of CV should ban together and stop dicking around and end this nonsense once and for all and form a class action law suit for voter intimidation against certain pro wind supporters in CV. In a case where someone could or has lost there STAR exemption and been impacted financially, maybe there is actual damages claim?

Here are the other voting requirements from the NYS Board of Elections.

Register to Vote

Qualifications to Register to Vote

• be a United States citizen;

• be 18 years old by December 31 of the year in which you file this form (note: you must be 18 years old by the date of the general, primary or other election in which you want to vote);

• live at your present address at least 30 days before an election;

• not be in prison or on parole for a felony conviction and;

• not be adjudged mentally incompetent by a court;

• not claim the right to vote elsewhere.

Here is the link:


http://www.elections.ny.gov/VotingRegister.html

Also here is a link to another article on this issue of seasonal voting.

http://www.observer-review.com/regulations-allow-seasonal-residents-to-vote-cms-678

Note in this article that a “significant attachment” to one of your residents is mentioned as a criteria to vote. Well I thought about that and considered that since I pay double the amount of taxes on one property in CV where I reside as a seasonal, as I do on two properties in AZ…I would damn well say I have a significant attachment and right to vote in CV!

As to Mr Hirschey’s involvement in this I have little to say other than it might have been best if he stayed out of the fray with his apparent good intentions. Let the lawyers bring up the binding seasonal voter case law and put this assessor in his place!!!