Steve Lieberman

slieberm@lohud.com

Ramapo claims state judge should have waited until votes were counted before voiding referendum results on adding two Town Board members and creating six election districts.

Ramapo says Judge Margaret Garvey lacked authority to void vote and no evidence exists to substantiate voter fraud or suppression allegations.

In her 14-page decision, Garvey cited the confusion caused by Ramapo Town Clerk Christian Sampson surrounding absentee ballots and who was eligible to cast ballots.

Ramapo is arguing a state judge should have waited until votes were counted before deciding to void the referendum results on adding two Town Board members and creating six election districts.

The town's legal notice to appeal Supreme Court Justice Margaret Garvey's ruling also argues she lacked authority to invalidate the vote and no evidence exists to substantiate voter fraud or suppression allegations made by the two residents who filed the legal papers to force the vote.

Ramapo's appeal does ensure the thousands of machine votes, paper absentee ballots and affidavit votes are preserved with the Rockland County Board of Elections and Sheriff's Office, Ramapo Town Attorney Michael Klein said Friday.

The call to preserve the ballots was joined by Michael Parietti and Robert Romanowski, the citizens who spearheaded the ward referendum and accused the town of fraud involving the election. They opposed the appeal.

The Appellate Division could take a few weeks to decide the appeal.

"Our appeal would be moot if the ballots got destroyed while we perfected our appeal," Klein said. "The status quo concerning the ballots will be maintained."

Neither Ramapo's lawyers nor Parietti and Romanowski asked Garvey to void the Sept. 30 vote in their legal tussle over securing the ballots and the appropriateness of how Ramapo handled the special election.

In her 14-page decision Tuesday, Garvey cited the confusion caused by Ramapo Town Clerk Christian Sampson regarding absentee votes and who could cast ballots.

Garvey wrote Sampson's mistakes were "so egregious and fundamental to the special town election process that it cannot be rectified" with any order directing how to count the paper ballots.

The town decided not to publicize or tell all poll workers specifically that state law allowed non-registered voters to cast ballots. Some residents were denied the right to vote while others were given affidavit ballots.

Ward system supporters believe the changes would counter the political influence of Ramapo's ultra-Orthodox community. Opponents argued the election districts would disenfranchise groups such as the Hasidim and non-white voters.

The chaos led two state Assembly members representing Rockland to propose reforms for special elections, during which non-registered voters can vote and neither side must account for campaign spending. A "no" vote faction with ties to Town Hall reportedly raised $130,000 to get out its message.

Assemblyman Kenneth Zebrowski, D-New City, proposed bringing referendums in line with rules governing November general elections by taking the scheduling and control out of the hands of town government.

Assemblywoman Ellen Jaffee, D-Suffern, said she asked state Attorney General Eric Schneiderman's office to monitor the next vote or ballot counting and offer its assistance.

Jaffee said she's looking at legislation that would apply to general election law, including registered voters 18 and over and absentee ballot regulations, to all municipalities with populations over 25,000.

Court ruling:

https://www.documentcloud.org/documents/1310925-ramapo-ward-system-referendums-invalidated.html

Referendum Appeal: Romanowski & Parietti:

https://www.documentcloud.org/documents/1311892-ramapo-appeal-affirmation-on-otsc.html

Referendum Appeal: Ramapo Order:

https://www.documentcloud.org/documents/1311894-ramapo-appeal-order-to-show-cause.html