DUTCHESS COUNTY BOARD OF ELECTIONS

____________________________________________X

IN THE MATTER OF THE APPLICATION OF

CANDIS SAINT ANGEL,

                                                PETITIONER                                                                             SPECIFICATION OF

     -against-                                                                                                                                  OBJECTIONS TO

                                                                                                                                                     CERTIFICATE OF

VIRGINIA A. BUECHELE, GEORGE J. FINN JR,                                                               AUTHORIZATION

DUTCHESS COUNTY BOARD OF ELECTIONS,

COMMISSIONER DAVID GAMACHE, AND

COMMISSIONER FRANCES KNAPP,                                                        

                                        RESPONDENTS.

____________________________________________X

            To the DUTCHESS COUNTY BOARD OF ELECTIONS, DAVID GAMACHE AND FRAN KNAPP, COMMISSIONERS CONSTITUTING THE BOARD:

1. PETITIONER CANDIS V. SAINT ANGEL resides at 72 Marple Road Ext., in the Town of Poughkeepsie.
2. At all times mentioned herein, PETITIONER was duly registered to vote with the Dutchess County Board of Elections as a member of the INDEPENDENCE PARTY.
3. RESPONDENT GEORGE FINN resides at 11 Shamrock Circle, in the Town of Poughkeepsie.
4. At all times mentioned herein, RESPONDENT FINN was duly registered to vote with the Dutchess County Board of Elections as a member of the REPUBLICAN PARTY.
5. RESPONDENT VIRGINIA A. BUECHELE resides at 16 Windsor Court, in the Town of Poughkeepsie.

6. At all times mentioned herein, RESPONDENT BUECHELE was duly registered to vote with the Dutchess County Board of Elections as a member of the REPUBLICAN PARTY.
7. On or about July 13, 2005, RESPONDENT FINN sought to become a candidate for the office of Town of Poughkeepsie Town Councilman Ward 3, in and by his filing, or causing to be filed, with the Dutchess County Board Of Elections, an alleged “Democratic Designating Petition”, a copy of which petitioner attached to this “SPECIFICATION TO OBJECTIONS”, marked  “AA”.
8. On or about July 13, 2005, RESPONDENT BUECHELE sought to become a candidate for the office of Town of Poughkeepsie Town Councilman Ward 4, in and by her filing, or causing to be filed, with the Dutchess County Board of Elections, an alleged “Democratic Designating Petition”, a copy of which petitioner attached to this “SPECIFICATION OF OBJECTIONS”, marked  “BB”.
9. On or about July 13, 2005, RESPONDENT FINN also filed, or caused to be filed, with the Dutchess County Board of Elections, an alleged “CERTIFICATE OF ACCEPTANCE”, a copy of which petitioner attached to his “SPECIFICATION OF OBJECTIONS”, marked  “CC”.
10. On or about July 13, 2005, RESPONDENT BUECHELE also filed, or caused to be filed, with the Dutchess County Board of Elections, an alleged “CERTIFICATE OF ACCEPTANCE”,  a copy of which petitioner attached to his “SPECIFICATION OF OBJECTIONS”, marked  “DD”.
11. New York State Election Law Section 6-118(1) provides for the automatic invalidity of each “Democratic Designating Petition”, unless RESPONDENTS FINN and BUECHELE each also filed a valid and timely “CERTIFICATE OF AUTHORIZATION”.
12. On or about July 13, 2005, RESPONDENT FINN also filed, or caused to be filed, an alleged “CERTIFICATE OF AUTHORIZATION”, a copy of which petitioner attached to his “SPECIFICATION TO OBJECTIONS”, marked “EE”.
13. On or about July 13, 2005, RESPONDENT BUECHELE also filed, or caused to be filed, an alleged “CERTIFICATE OF AUTHORIZATION”, a copy of which petitioner attached to his “SPECIFICATION TO OBJECTIONS”, marked “FF”.
14. When the time to file a “CERTIFICATE OF AUTHORIZATION” expired, RESPONDENT FINN and BUECHELE had filed no “CERTIFICATE OF AUTHORIZATION” other than those mentioned in paragraph “12” and “13”of this “SPECIFICATION OF OBJECTIONS”.
15. Petitioner objects to each CERTIFICATE OF AUTHORIZATION on three grounds:  I. CERTIFICATE OF AUTHORIZATION FAILS TO MEET THE PRESIDING OFFICER REQUIREMENT, II. CERTIFICATE OF AUTHORIZATION FAILS TO MEET THE QUORUM REQUIREMENT, and III. CERTIFICATE OF AUTHORIZATION RESULTED FROM CRIMINAL COERCION...

I.  CERTIFICATE OF AUTHORIZATION FAILS TO MEET THE PRESIDING OFFICER REQUIREMENT

16. Each “CERTIFICATE OF AUTHORIZATION” fails to meet the requirements as set forth in New York State Election Law Section 6-120 (3). 
17. Applicable provisions render each “CERTIFICATE OF AUTHORIZATION”, and the underlying “Democratic Designating Petition”, invalid.
18. New York Election Law Section 6-120 (3) requires that, in order to be valid, each “CERTIFICATE OF AUTHORIZATION” “shall be signed and acknowledged by the presiding officer of the meeting at which such authorization was given”, such meeting being of the “members of the party committee representing the political subdivision of the office for which the designation or nomination is to be made…”.
19. Each document entitled “CERTIFICATE OF AUTHORIZATION” bears the notarized signatures of Frederick Bunnell and David Dengel, as “presiding officer” and secretary, respectively.
20. By signing each document entitled “CERTIFICATE OF AUTHORIZATION”, Frederick Bunnell and David Dengel swore under oath they signed the “CERTIFICATION OF AUTHORIZATION” as a duly qualified officers of the Town of Poughkeepsie Democratic Committee.
21. The DUTCHESS COUNTY DEMOCRATIC PARTY COMMITTEE duly filed, in accordance with New York State Election Law Section 2-112 (1), with the DUTCHESS COUNTY BOARD OF ELECTIONS, the RULES AND REGULATIONS OF THE DUTCHESS COUNTY DEMOCRATIC PARTY COMMITTEE, which, no modifications of amendments having been filed, remain in full force and effect, that a copy of the RULES AND REGULATIONS is attached to this “SPECIFICATION TO OBJECTIONS” and marked “GG”.
22. Article 1 Section 2 of the RULES AND REGULATIONS provides that there shall be “A town Committee in each Town”.
23. Article 5 Section 1 of the RULES AND REGULATIONS provides that the “…towns…are hereby authorized and empowered to make such regulations and by-laws as to time and place of meeting and order of conducting business and organizations of such committees as may be required by several organizations…”.
24. New York State Election Law Section 2-112 (1)  provides that county committees and “any other committee contained therein”… “shall meet and organize by electing a chairman, a secretary, and a treasurer…” and shall file a “certificate stating the names and post office addresses of such officers” “with their county board of elections”.
25. Insofar as the Town of Poughkeepsie Democratic Committee failed to file the “Certificate stating the names and post office addresses of such officers”, reflecting what Frederick Bunnell and David Dengel represented on the CERTIFICATE OF AUTHORIZATION, the CERTIFICATE OF AUTHORIZATION suffers from a fatal defect
26. Article 4 of the RULES AND REGULATIONS provides that the membership of a Town committee consists of the “members of the County Committee from the election districts as are comprised within the said respective territories”.

27. Notwithstanding the failure of the Town of Poughkeepsie to “duly constitute”, the members met regularly after the 2003 Democratic County Committee Election, as if duly constituted, and as if with legally recognized officers; namely, Frederick Bunnell as Chair, Herbert Stoller as Vice- Chair, and David Dengel as Secretary.
28. On or about the early part of 2005, Frederick Bunnell tendered to the members of the “Town of Poughkeepsie Executive Committee”, his written resignation from the office of Chair of the Town of Poughkeepsie Democratic Committee, with a stated effective date of July 15, 2005.   
29. After he submitted that resignation, he entered into an agreement with the members of the “Town of Poughkeepsie Executive Committee” to resign as chair, and to be reappointed as a Co-Chair, together with Theresa Brown, all to occur on or about July 15, and sent out an email to that effect, a copy of which, with the sender and receiver redacted, is attached to this “SPECIFICATION OF OBJECTIONS”, marked “HH“.
30. In the email, Frederick Bunnell wrote that he had intended to resign, effective after the completion of the nominating petition process, but that members of the Democratic Committee wanted him to resign effective before that.
31. Frederick Bunnell allegedly suffered some unfortunate and serious family events, and could not attend that May 2, 2005 meeting, and sent out an email to that effect, a copy of which, with the recipient’s name redacted, is attached to this “SPECIFICATION OF OBJECTIONS”, and marked “II”.

32. In that email, Frederick Bunnell, at Rick Keller-Coffey’s instance, purported to establish Jim Challey as the presiding officer for the upcoming May 2, 2005, meeting.
33. Upon information and belief, an alleged meeting did occur on May 2, 2005, at which Jim Challey “presided”, in which the required quorum did not appear, but Jim Challey held a meeting as if with the required quorum.
34. Upon information and belief, at the alleged meeting on May 2, 2005, the Democratic Committee purported to accept the resignation of Frederick Bunnell, and to appoint Frederick Bunnell and Theresa Brown as Co-Chairs.
35. Upon information and belief, Jim Challey sent out an email after the alleged meeting of May 2, 2005, stating that “Bunnell resigned and the committee accepted his resignation”.
36. Upon information and belief, after the alleged meeting of May 2, 2005, Frederick Bunnell publicly acknowledged Theresa Brown as his Co-Chair, effectively abandoning his claim, if any, to his right, title, and interest in, and to, the full chairmanship, and effectuating his de facto resignation as Chair.
37. Upon information and belief, the Democratic Party Committee of the Town of Poughkeepsie did not file Town Committee rules with the Dutchess County Board of Elections.
38. Fran Knapp, the Democratic Commissioner of the Dutchess County Board of Elections, indicated that the RULES AND REGULATIONS apply, in her Freedom of Information Request response, a copy of which petitioner attached to this SPECIFICATION OF OBJECTIONS, marked  “JJ”.
39. In and by her Freedom of Information Request response, Fran Knapp stated “Nothing on file.  They follow the Democratic Committee for the County By-Laws”.
40. Article 3 of the RULES AND REGULATIONS states “The officers of the Committees provide for in these rules shall perform the duties ordinarily performed by the Chairman, Vice-Chairman, Treasurer and Secretary respectively…”.
41. Article 2 Section 3 of the RULES AND REGULATIONS provides that “if a vacancy  occurs in the office of the Chair of the County Committee… the Vice-Chair automatically becomes the Acting Chairman.”  “It shall be the duty of the Acting Chairman to call a meeting of the members … for the purpose of electing a new, permanent Chairman…”.
42. Upon information and belief, application of the written rules in the RULES AND REGULATIONS and/or the Town of Poughkeepsie Democratic Committee, mirrors, or closely resembles, that of the county rule.
43. That application provides that if Frederick Bunnell serves as Chair, and Herbert Stoller as Vice Chair, upon Frederick Bunnell’s resignation, Herbert Stoller automatically becomes Acting-Chair.
44. Upon information and belief, to this day, Vice-Chair Herbert Stoller, has not given formal notice of, and presided over, a meeting to elect a new permanent Chair.
45. Under the applicable RULES AND REGULATIONS, Herbert Stoller continued as Acting Chair and “presiding officer”.
46. The Executive Committee functioned as an “extra-legal” body to usurp Bunnell’s position, under the thin guise for legal purposes as a “Co-Chair”.   PETITIONER attached a copy of the Weekly Beat Article, marked “KK“, in which Challey stated that Theresa Brown “took over” the Chairmanship in early July and prior to July 11, 2005, signed the CERTIFICATES OF AUTHORIZATION.
47. Frederick Bunnell knew the rules of succession for the Town of Poughkeepsie Committee, having served for many years as chair, and having read the By-Laws of the Town of Poughkeepsie Committee.  PETITIONER attached a copy of an email, in which Frederick Bunnell refers to the existence of the By-Law of the Town of Poughkeepsie Democratic Committee, marked ”LL“.
48. In the email, Frederick Bunnell states that the meeting was not a reorganizational meeting, as stipulated in the meeting, but created a “new” chair.
49. Upon information and belief, the RULES AND REGULATIONS do not provide for a “Co-Chair”, to serve as a “back-up” for when the Chair’s resignation becomes effective.  Rather, the RULES AND REGULATIONS specifically allow for the election at the reorganization meeting of a Vice Chair, for that exact purpose.
50. Frederick Bunnell knew, and intended, that RESPONDENTS FINN and BUECHELE would file the CERTIFICATES OF AUTHORIZATION with the Dutchess County Board of Elections
51. Frederick Bunnell knew that false statements in the CERTIFICATES OF AUTHORIZATION would tend to mislead the Commissioners of the Board of Elections as to the actual facts.
52. In and by his signing the CERTIFICATE OF AUTHORIZATION, which he knew was false, FREDERICK BUNNELL committed Perjury in the Second Degree and Offering a False Instrument for Filing in the Second Degree.

II. CERTIFICATE OF AUTHORIZATION FAILS TO MEET QUORUM REQUIREMENT

53. By signing the document entitled “CERTIFICATE OF AUTHORIZATION”, Frederick Bunnell and David Dengel each swore under oath that the June 2, 2005 meeting occurred with a quorum present.
54. Upon information and belief, the Town of Poughkeepsie Democratic Committee consists of fifty-nine (59) people, the names of whom petitioner attached to this petition, marked  “MM”.
55. Upon information and belief, a quorum for the Town of Poughkeepsie Democratic Committee consists of no fewer than twenty five percent (25%) of the full committee membership, amounting in total to at least fifteen 15 committeepersons.
56. Upon information and belief, no more than fourteen (14) committee persons attended the meeting, as indicated by a person who attended the meeting in his affidavit, a copy of which petitioner attached to this SPECIFICATION OF OBJECTIONS, marked  “NN”.
57. Frederick Bunnell knew the quorum requirements for the Town of Poughkeepsie Committee, having served for many years as chair, and having read the By-Laws of the Town of Poughkeepsie Committee, if any, and the RULES AND REGULATIONS.
58. Frederick Bunnell knew, and intended, that RESPONDENTS FINN and BUECHELE would file the CERTIFICATES OF AUTHORIZATION with the Dutchess County Board of Elections.
59. Frederick Bunnell knew that false statements in the CERTIFICATES OF AUTHORIZATION would tend to mislead the Commissioners of the Board of Elections as to the actual facts.
60. In and by his signing the CERTIFICATE OF AUTHORIZATION, which he knew was false, FREDERICK BUNNELL committed Perjury in the Second Degree and Offering a False Instrument for Filing in the Second Degree.

III.             CERTFICATE OF AUTHORIZATION RESULTED FROM CRIMINAL COERCION

61. New York Penal Law Section 135.60 provides that a “person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complies with, the actor or another will… 5. expose a secret or publicize as an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule…”.
62. Rick Keller-Coffey resides at 11 Manor Way, in the Town of Poughkeepsie.
63. At all times herein, Rick Keller-Coffey held public office as a Dutchess County Legislator, a member of the Dutchess County Democratic Committee, the alleged Town of Poughkeepsie Democratic Committee, and the alleged Executive Committee of the Town of Poughkeepsie Democratic Committee.
64. After Frederick Bunnell tendered his resignation effective July 15, 2005, Rick Keller-Coffey met with Frederick Bunnell several times in private, purporting to represent the Executive Committee.
65. Upon information and belief, Rick Keller-Coffey told Frederick Bunnell that if Frederick Bunnell did not resign effective May 2, 2005, the Executive Committee would remove him as Chair.
66. New York State Election Law Section 2-116 provides that an officer of a party “may be removed by such party for disloyalty to the party or corruption in office after notice is given and a hearing upon written charges has been held.”
67. Upon information and belief, Frederick Bunnell understood and believed that Rick Keller-Coffey’s ultimatum referred, not to a practical possibility, as to a threat publicly to cast Frederick Bunnell, a long time loyal Democrat,  as disloyal and corrupt.
68. Given the difficult situation in his personal life, and the unlawful pressure applied by Rick Keller-Coffey, Frederick Bunnell entered into an agreement Rick Keller- Coffey.
69. Also under the agreement, Rick Keller-Coffey agreed that the Town of Poughkeepsie Committee would back Frederick Bunnell for County Legislature, in essence, upholding Frederick Bunnell’s reputation.
70. Under the agreement, Frederick Bunnell would resign, effective immediately, but would “accept reappointment” as a Co-Chair in order to facilitate procedures, as Rick Keller-Coffey directed, to back candidates as provided in his “ACTION PLAN”, and to get Theresa Brown to take over as Chair.
71. In, or about, the early part of 2005, PETITIONER advertised by promotional handouts, letters, and his web site, that he would run, along with a team of candidates, for Town Supervisor, and the six wards of the Town Board.
72. In particular, PETITIONER represented that he recruited highly qualified residents of the Town of Poughkeepsie registered as Democrats to run for the Town Board.
73. The ACTION PLAN included, among other things, not allowing PETITIONER’S request for a CERTIFICATE OF AUTHORIZATION to go to a floor vote of the full committee, although PETITIONER enjoyed widespread support among the rank and file of the full Democratic Party Committee Membership.
74. Even though Richard Saint Angel declared his candidacy for Town Supervisor, Frederick Bunnell did not invite Richard Saint Angel to the June 2, 2005 meeting, when the committee allegedly met to select candidates and Bunnell did not list Richard Saint Angel as a candidate in his email, which petitioner attached to this SPECIFICATION OF OBJECTIONS, marked  “OO” . 
75. In the email, Frederick Bunnell actually joked about the unwanted appearance even though, as a declared candidate for Town Board, he should specifically have listed her.
76. The ACTION PLAN included, among other things, not allowing a vote for endorsement of highly qualified registered Democrats, who enjoyed widespread support among the rank and file of the full Democratic Party Committee Membership.
77. The ACTION PLAN included, among other things, prohibiting members of the Democratic Committee of the Town of Poughkeepsie from saying the name SAINT ANGEL, insisting instead that these members use the phrase the “THE OTHERS” to refer to SAINT ANGEL.
78. The ACTION PLAN included, among other things, prohibiting members of the Democratic Committee of the Town of Poughkeepsie from collecting signatures for SAINT ANGEL Democratic Designating Petitions, under threat that the Democratic Party “Town Leadership” would not process the Democratic Party Designating Petitions for members that did.  To these Democrats, accustomed to submitting only through the Town leadership, this came across as a potential denial of future committee membership.  Many members reacted to this by refusing to collect signatures at all.  PETITIONER attached a copy of an email to these SPECIFICATION OF OBJECTIONS, with sender and receiver identities redacted, marked “PP”.  In this, A.Will Cass, a “member” of the “Town of Poughkeepsie Executive Committee writes to an Peter R. Adler, Chair of the so called “Democratic Club, asking Peter Adler to get Anne Barcher and “some “others”” to “STAND DOWN”, and stop running for public office. 
79. In the email, A. Will Cass linked the PETITIONER SAINT ANGEL with committee members not collecting signatures for themselves by saying that some “others” “are creating havoc in the town of Poughkeepsie”.  “I know that in the Town of Poughkeepsie, there are 2 wards that need assistance as 50-75% of “committee” members appear to be not carrying petitions.  Even for themselves.”
80. Upon information and belief, A. Will Cass did not himself file for reelection to the Town of Poughkeepsie Democratic Committee, filing instead for the City of Poughkeepsie Democratic Committee, which is in a different Assembly District, and therefore violates the NYS Election Law.
81. Although prior to implementation of the ACTION PLAN  fifty-nine (59) members belonged on the committee, after implementation of the action plan, only thirty-nine (39) members submitted Designating Petitions.  Petitioner attached a list of the Democrats who filed Designating Petitions, to this “SPECIFICATIONS OF OBJECTIONS”, marked “QQ”.
82. The ACTION PLAN included, among other things, granting the CERTIFICATE OF AUTHORIZATION to a REPUBLICAN, Virginia Buechelle.  William Paroli, Sr. subsequently threatened to remove the incumbent Republican, Michael Cifone, from the Town Board, thereby putting Virginia Buechelle into the office, as more fully appeared in a Poughkeepsie Journal Article, a copy of which PETITIONER attached, marked “RR”.
83. The ACTION PLAN included, among other things, granting the CERTIFICATE OF AUTHORIZATION to a REPUBLICAN George Finn, recruited to run against a duly registered Democrat, Richard Saint Angel, who then was running for Town Board.
84. Upon information and belief, the mere candidacy of George Finn creates a conflict of interest, violating the Federal Hatch Act, because Finn works as a paid member of the Arlington Fire Department, which receives, or will receive, federal funds.
85. The ACTION PLAN included, among other things, backing Theresa Brown for Town Council, although her candidacy creates a conflict of interest, violating the Federal Hatch Act, because Brown works for the Dutchess County Department of Probation which receives, or will receive, federal funds.
86. The ACTION PLAN included, among other things, backing Susan Hrift-Seifts who used to be a Republican, before William Paroli, Sr. Resigned from his county offices, and who received the position of Town of Poughkeepsie Director of Personnel, after Susan Faucett was shot to death.
87. PETITIONER recruited a number of highly qualified Democrats to run for Town Board.  Some of these highly qualified registered Democrats received direct approaches from members of the Executive Committee of the Town of Poughkeepsie Democratic Committee demanding that they withdraw from the race.  In addition, they received threats to their health and employment.  They had bricks and rocks thrown through their windows, sometimes with children in the room when the brick/rocks landed.  Tacks in driveways forced candidates to the inconvenience and expense of buying new tires.  Cars were keyed, signed petitions stolen from cars, and false criminal charges filed.  Ultimately, most of these candidates dropped out of the race, being well intentioned “civilians”, not prepared or equipped to deal with this level of harassment.
88. Politics should not be like that.  Just because candidates do not have the intestinal fortitude to absorb abuse and harassment does not mean that they would not have done a good job in government for the people. 
89. The actions of Rick Keller-Coffey, and other members of the Executive Committee, deprived voters of a meaningful choice for Town Board on Election Day, in the form of highly qualified registered Democrats to run against their Republican counterparts.
90. Rick Keller-Coffey’s acts of coercion fraudulently and wrongfully affected the results of the Democratic Party Primary, and qualify as crimes against the elective franchise.

REQUEST FOR RELIEF

WHEREFORE, RESPONDENTS DUTCHESS COUNTY BOARD OF ELECTIONS  AND THE COMMISSIONERS thereof are the election authority with whom the subject petition and authorization were filed, and are responsible under the laws of the State of New York for the Administration of the Election Process in this district and in the County of Dutchess, PETITIONER respectfully requests relief, as follows:

A)    RESPONDENTS DUTCHESS COUNTY BOARD OF ELECTIONS  AND THE COMMISSIONERS thereof declare the CERTIFICATE OF AUTHORIZATIONS OF FINN AND BUECHELLE invalid, null, void, and ineffective to designated a candidate for nomination for public office, and strike their names from the Certified Ballot for the Primary Elections this September of 2005, and

B)     RESPONDENTS DUTCHESS COUNTY BOARD OF ELECTIONS  AND THE COMMISSIONERS thereof, investigate the matters as discussed herein, and subpoena such papers as might shed light on the Chairmanship of the Town of  Poughkeepsie Democratic Committee, including, but not limited to: (1)  the rules of the Town of Poughkeepsie Democratic Party, and (2)  a copy of each and every letter of resignation from the position of Town Chair by Frederick Bunnell ,and (3) Minutes, signed attendance sheets, and all other records, from the meetings of the Town of Poughkeepsie Democratic Committee for the month of April, May,  June, and July of 2005, and (4) Affidavits of Service for Due Process Notice of Town Party meetings, held in the months of April, May, June, and July, and (5)  copies of each and every email, having to do with party meetings, party officer selection, and candidate selection, sent by, and from the computers of Frederick Bunnell, Alice Bunnell, Rick Keller-Coffey,  A. William Cass, Jim Challey, Theresa Brown, Herbert Stoller, Susan Stoller, and Walter Jablonski, (6) each and every record of the Dutchess County Democratic Committee and the Town of Poughkeepsie Democratic Committee , from the Primary Election of 2003 until present which established, or tends to establish the identities, of the membership of the Town of Poughkeepsie Democratic Committee AND, if so warranted, directing Herbert Stoller to file, or cause to file, a CERTIFICATE STATING OFFICERS showing himself as “Acting Interim Chair”.