2018 Elections

Incumbent New York State Assembly 2nd District Assemblyman Anthony Palumbo speaks at TBR News Media during the 2014 election cycle. File photo by Elana Glowatz

After a Republican primary characterized by a challenger’s legal battle, the status quo prevailed in New York’s 2nd state Assembly District Sept. 13.

Two-term incumbent Assemblyman Anthony Palumbo (R-New Suffolk) defeated challenger Mike Yacubich, a Shoreham resident and chief of the Rocky Point Fire Department, to earn a spot on the general election ballot in November. Palumbo secured more than 80 percent of the vote, with 2,740 registered Republicans in the district casting their ballots for the incumbent to just 641 for the challenger.

“Thank you to all of the friends, supporters, staff, volunteers and especially family who sacrificed the summer to get this done,” Palumbo said in a post on his campaign Facebook page. He did not respond to a request for comment sent to his campaign email. “I’m humbled by the tremendous turnout and the results last night are a reflection of your hard work and support. It’s an honor to serve you and we are on to the November general election.”

Yacubich’s effort to challenge Palumbo wasn’t without a dose of intrigue. Judges from the New York State Supreme Court Appellate Division ruled in his favor Aug. 24 allowing his name to appear on the Sept. 13 ballot following challenges to his petition signatures raised by three citizen objectors from the district concerned two Mike Yacubichs were registered to vote at the same Shoreham address — both the candidate and his 25-year-old son.

The objectors argued that since the father and son are registered to vote at the same address, those who signed the petition approving the elder Yacubich as a political candidate couldn’t have distinguished between he and his son, who also goes by Mike. The argument was heard by the Republican and Democratic commissioners of the Suffolk County Board of Elections — Nick LaLota and Anita Katz, respectively — who brought the case to the Suffolk County Supreme Court. The lower court initially ruled against Yacubich, who then appealed and won to restore his name to the ballot. The appeals court judges ruled the board of elections “exceeded its authority,” in disallowing Yacubich’s signatures, finding no proof of any intention to confuse voters.

“We fought hard and put a lot of time and effort into an election process that clearly does not welcome outsiders,” Yacubich wrote in a Facebook post. “I can only hope we shed some light on an election system that could certainly use some changes, and I hope that some good will come from us expressing our frustrations with our elected officials.”

Palumbo, who won a special election in 2013 to assume the seat he has held for two official terms following campaign victories in 2014 and 2016, will now turn his attention to Democrat Rona Smith, who he will meet in the Nov. 6 general election. Smith is a Southold resident who currently serves as chair of Southold’s Housing Advisory Commission, sits on the town’s Economic Development Committee, and is vice chair of the Southold Local Development Corporation.

“Now we move forward with real issues that are important to constituents,” Smith said in a phone interview following the primary. “It’s about coming out and saying what you believe in, what you stand for and if that connects to the constituents.”

Students holding buttons at voter registration

By Judie Gorenstein

New York ranked 41 out of 50 states in voter turnout in 2016 and 49 out of 50 in the 2014 off-year election. Of all eligible New York voters, only 28.2 percent voted in 2014. When you look at the youngest age group, those between 18 and 25 years old, the turnout is even lower. And nationally in 2016, 70 percent of those over 70 years old voted. By contrast, only 43 percent of those under 25 did.

As Election Day approaches, students who leave for college will ask how and where they should register and vote. Although a Supreme Court decision in 1979 gave all students the right to vote where they attend college, election law is a state’s right. Each state thus has its own laws regarding voting, including registration deadlines, residency and identification requirements (ID) at the polls. 

In New York State, any citizen not in jail for a felony conviction can register to vote in the year they turn 18. To vote this year they must be registered by Oct. 12 and be 18 by Nov. 6, the date of the 2018 General Election. 

Even if a college student is living in another state or another New York county, they can ALWAYS vote absentee in their home district, which is a two-step process. They first need to complete an absentee ballot application and mail or deliver it to their county Board of Elections by Oct. 30. (The application form can be downloaded from NY BOE at http://www.elections.ny.gov/NYSBOE/download/voting/AbsenteeBallot-English.pdf and is available at libraries, post offices and the BOE.) 

The BOE will mail the actual ballot to the student, who must return it to the BOE postmarked by Nov 5. As long as the ballot was correctly completed and received by the BOE no later than 7 days after Election Day, the vote will be counted. Absentee ballots matter … they can change an election’s outcome.  

Frequently college students decide to register and vote where they are attending college. They feel it is important to get connected and have a voice on the issues in their new community and in the state where they may be living for four plus years. The Supreme Court may have given college students the right to vote where they go to college, but students are NOT ALWAYS ABLE to vote there. Some states have put up barriers to out-of-state students through their ID and residency requirements.  

Although New York in most cases does not require any voter ID at the polls, 34 states do so, with 17 states requiring photo ID. In Pennsylvania a college photo ID is sufficient while in other states it is not. In Texas a state-issued driver’s license or handgun license is accepted but not a college ID.  

Election laws can change. New Hampshire has just tightened its voter residency requirements, making it necessary for a student to register his or her car in New Hampshire and obtain a New Hampshire driver’s license. Students who want to vote at their college address should access that state’s most current requirements at www.campusvoteproject.org/ for election law and registration deadline information. “Your Right to Vote in New York State for College Students” is also available from LWVNYS at http://www.lwvny.org/advocacy/vote/RTVCollegeStudents.pdf 

In this time of student activism, those interested in a political career should strongly consider voting absentee; the residency requirement for a New York State candidate is living in the state or district for five years prior to being able to get on the ballot. But whether students decide to register and vote absentee in New York or in their college community, it is important that they learn about the issues and the candidates on their ballot, and VOTE. Our democracy works best when everyone participates.

Judie Gorenstein is vice president for voter services of the League of Women Voters of Suffolk County, a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit http://www.lwv-suffolkcounty.org, email league@lwv-suffolkcounty.org or call 631-862-6860.

Candidates to meet again on the ballot in November

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

Their first race is in the books, but the more important one is yet to come.

Family Court Judge Theresa Whelan defeated attorney Tara Scully in the Democratic primary Sept. 13 to secure a spot on the November ballot in the race to preside over Suffolk County’s Surrogate’s Court. Whelan received nearly 65 percent of the vote, besting Scully 38,674 to 21,040 votes.

“Last night was a great victory for Democrats,” Whelan said in a statement Sept. 14. “I want to thank the voters of Suffolk County and Democratic Chairman Rich Schaffer for having confidence in me and my credentials. I’m looking forward to presenting my 10 years of judicial experience and 30 years of courtroom experience to the voters in November.”

“Last night was a great victory for Democrats.”

— Theresa Whelan

A spokesperson for Scully’s campaign characterized the primary result as a win for the candidate.

“Tara scored her first victory in July, when her entrance into the race forced party leaders to scrap their plan to make a Conservative the candidate of the Democratic Party and scurry to find a Plan B,” campaign spokesman James Walsh said in a statement. “Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals. Tara is still the only candidate for Surrogate nominated by the people. No other candidate gathered a single signature to get into the race. We are confident that she will have broad support across party lines in the General Election.”

The nearly 60,000 voters in the closed primary represented a significant turnout jump from the last time Democrats went to the polls. On June 26, a little more than 32,000 Suffolk County residents registered as Democrats voted in Congressional primaries for the 1st and 2nd districts combined, though the Sept. 13 primary also featured New York gubernatorial, lieutenant governor and attorney general candidates.

“Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals.”

— James Walsh

The Surrogate’s Court race came under scrutiny after Newsday ran an editorial publicizing the political patronage and cross-endorsement agreements that highlighted the race. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Suffolk’s Conservative Party Chairman Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Committee Chairman Rich Schaffer.
As a result, Scully said she gathered enough petitions to run on both Democratic and Republican lines in July to offer voters an alternative. When presented with Scully as a primary challenger, Tinari dropped out. The Democratic Party then nominated Whelan, who calls herself a life-long Democrat.

Despite Thursday’s primary defeat, Scully has secured the Republican Party line in the race for Surrogate’s court and will face off Whelan again at the polls in less than two months.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy Scully and Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70.

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each.

This post was updated Sept. 18.

Scully and Whelan face off in Democratic Primary Sept. 13, but they could meet again in the general election

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

By Kyle Barr and Alex Petroski

Political races for local judgeships don’t tend to garner much attention, but the 2018 race to preside over Suffolk County’s Surrogate’s Court is breaking the mold.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy candidates Tara Scully and Theresa Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70. The candidates face off in the Democratic primary Sept. 13 for the party line in the general election.

The situation has drawn criticism far and wide, largely on the practice of cross-party endorsement deals. The candidates sat down Sept. 6 for an exclusive interview with TBR News Media’s editorial staff to set the record straight.

What is Surrogate’s Court?

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each. The court’s rulings can involve large amounts of money, making it uniquely susceptible to political patronage.

Scully and Whelan both said they have the utmost respect for Czygier and seek to continue his legacy and practices.

“Surrogate’s Court is there to help families when they can’t really help themselves,” Whelan said. “It has to be fair.”

Scully stressed the importance of having empathy in Surrogate’s Court.

“It’s a sanctuary and it needs to be treated like that,” she said. “People there are dealing with extremely difficult issues.”

Family Court Judge Whelan vies for nod

“I thought that it was important that an actual Democrat represented the Democratic Party in this race.”

— Theresa Whelan

Whelan, 56, a Wading River resident, said she is throwing her hat into the ring for the Democratic nomination because of her qualifications and experience.

“I have the bench experience,” Whelan, a registered Democrat, said. “I thought that it was important that an actual Democrat represented the Democratic Party in this race.”

The nominee took the bench in Suffolk County Family Court in 2008, before becoming the supervising judge in 2016. There, she hears primarily abuse and neglect cases. Her responsibilities include overseeing nine judges and seven support magistrates in two courthouses.

“I have assisted hundreds, if not thousands of children to be successfully reunited with their parents,” Whelan said. “And if that’s not possible, we try to find them another loving option.”

Since 2009, Whelan has led Suffolk County’s Child Welfare Court Improvement Project, an initiative to address court practices when a child is removed from a parent’s care while trying to ensure their safety and well-being.

The nominee said she is an active member of the Suffolk County Bar Association and often lectures for them. She co-chaired Suffolk’s Family Court & Matrimonial Law committee for three years and is a former president of the Suffolk County Women’s Bar Association. Whelan’s husband, Thomas, is also a judge, currently serving as a Suffolk County Supreme Court justice.

Despite current calls for an end to party patronage, Whelan said the position she’s running for is not a tool to fix the political system. She hopes to win on her own merits.

“I have support of statewide judges, the chief judge, the administrative judge, the bar association, etc. [in my roll on the Family Court],” the nominee said. “I stand here as my own candidate.”

Scully cites her experience in elder law

Scully, 41, of Setauket, said she’s seeking the Democratic nomination after calls by Newsday and other elected officials to challenge the patronage system affecting this and other judicial races.

A registered Republican, she pointed to her years working in elder law as part of the experience she can bring to the Surrogate’s bench.

“I do recognize I have an uphill battle,” Scully said. “But I love the Surrogate’s Court, and I believe the sanctity of our courts has to be preserved.”

Scully started her career working in the executive chamber of former New York State Gov. George Pataki (R), before serving as counsel in guardianship proceedings for the state’s Appellate Division’s Mental Hygiene Legal Service. Like Whelan, she also is a former president of the Suffolk County Women’s Bar Association.

Scully began her Port Jefferson-based practice in 2011 focusing on elder law. She said she has extensive experience in estate planning and administration, asset protection and guardianship proceedings, all of which she said would be important knowledge for Surrogate’s Court. Like Whelan, Scully also has political connections in the family as her father, Peter Scully, has name recognition in Suffolk County. He previously served as the regional chief for the New York State Department of Environmental Conservation and currently works as one of County Executive Steve Bellone’s (D) deputies.

Tara Scully said she often provides free legal representation for indigent seniors, veterans and those with disabilities.

“I have a poor business sense in the amount of pro bono work I take on,” Scully said.

In 2015, Scully ran for Brookhaven Town District Court judge where she said she saw firsthand the way party patronage has entwined itself with politics after turning down a cross-endorsement deal. She lost by 173 votes.

“I was so green I didn’t realize at the point that in many circumstances it was business as usual,” Scully said. “I think a lot of people were upset with me that my gut reaction was revulsion.”

Political backstory

“Cross-endorsement deals are dictating who our judicial choices are, and the voter is unaware an individual without political backing, without a political upbringing or allegiance to political parties is never going to take the bench.”

— Tara Scully

Although judges are expected to set aside their personal beliefs, politics has marred the race, though not necessarily thanks to the candidates themselves. Neither Whelan nor Scully were involved in this race as of early summer. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Conservative Party chairman, Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Party chairman, Rich Schaffer, which was one of many similar deals between Suffolk party bosses.

In June, Newsday ran an editorial in the form of a want ad, calling for a candidate “with a backbone to resist pressure from political bosses,” in response to the cross-endorsement of Tinari. Scully said she sprang into action as a result of the editorial to meet a tight deadline, and garnered enough signatures to run as both a Democrat and Republican. With a primary challenger stepping up to the plate, Tinari withdrew. Democrats then selected Whelan, who called herself a lifelong Democrat, as their candidate.

Scully has argued her decision to enter the Democratic primary — despite being a registered Republican — has provided voters with a more transparent choice than if a Conservative had remained on the Democrat line.

“I think the real point is six weeks ago, eight weeks ago, the Democrat candidate was a Conservative, and Democrats would go in and vote and not have any idea that the individual they’re voting for is not in line with their party philosophies,” Scully said. “Cross-endorsement deals are dictating who our judicial choices are, and the voter is unaware an individual without political backing, without a political upbringing or allegiance to political parties is never going to take the bench.”

Whelan argued that voters are equally in the dark with a Republican in a Democratic primary. If she loses Thursday, there will be one name occupying both major party’s lines come November, as Scully has already been penciled onto the ballot by the Republican Party. Whelan joked when voters enter booths Sept. 13 they’ll simply be deciding between two Irish last names with little knowledge of the politics. She also took issue with Scully portraying herself as “standing up for Democratic principles” on her campaign site.

“If I don’t win the primary, voters don’t have a choice, and I think that’s fair to say,” Whelan said. “I’m presenting myself as a Democratic Party member and the experienced judge, so that Tara and I can actually have a real election on Election Day, and I think that’s what she was trying to accomplish in the beginning.”

This post was updated Sept. 11. This post was updated Sept. 12 to clarify a quote from Whelan.

Avrum Rosen. Photo from Rosen's campaign

A Huntington attorney with a history of public service has stepped forward to become the Democratic Party’s next challenger for the state’s 12th Assembly District.

Centerport resident Avrum Rosen has become the Suffolk County Democratic Committee’s candidate to face off against incumbent Assemblyman Andrew Raia (R- East Northport).

“I had been thinking about running again as we’re in pretty upsetting times, I don’t think we can be complacent anymore,” Rosen said. “I don’t think any Republican candidate who takes the positions Raia takes should go unchallenged.”

I don’t think any Republican candidate who takes the positions Raia takes should go unchallenged.”

— Avrum Rosen

A panel of four judges in New York State Supreme Court’s Appellate Division in Brooklyn ruled Aug. 22 that Northport resident Michael Marcantonio, 31, Raia’s original challenger, did not meet the state’s minimum five-year residency requirements after casting his 2014 ballot at Duke University in North Carolina while enrolled as a law student.

As such, Rosen said he decided to contact the Democratic Party about running for the position. He previously unsuccessfully ran for a state political office once before in 1996 in the 10th Assembly District against the late Jim Conte. 

“I was a complete novice at the time,” Rosen said. “With no funds and a lot less experience than I have now, I ran a very competitive race.”

Rosen currently runs a Huntington-based law firm, specializing in bankruptcy claims in addition to handling commercial and residential real estate cases. He received his law degree from Hofstra University.

“I went into bankruptcy work as it’s not that different from social work,” he said. “I call it economic social work to fix things in businesses and in people’s lives.”

The Democratic challenger served on the Town of Huntington’s planning board for nine years starting in 2002, where he said he’s fought for changes to put more restrictions on business operations like 7-Elevens — including opposing the 7-Eleven built in Centerport.

“… I think there are some solutions no one had talked about, including the municipalities’ rights to levy carbon taxes that might get LIPA to modernize the Northport plant.”

— Avrum Rosen

Two other key issues Rosen hopes to be able to address are state gun laws in the wake of school shootings such as Parkland, Florida, and Long Island Power Authority’s tax certiorari case to get the Northport Power Station reassessed.

“I’m a kind of think outside the box type of guy,” he said. “I’ve been doing my homework and I think there are some solutions no one had talked about, including the municipalities’ rights to levy carbon taxes that might get LIPA to modernize the Northport plant.”

Admittedly, Rosen said he had “a lot of work to do” and there’s still a chance he may not wind up on the Nov. 6 ballot. Marcantonio will be pleading his case before the judges in the state Court of Appeals Aug. 29, and if they do, he hopes to have the Appellate Division’s decision overturned to get his name back on the ticket.

“We feel confident they will hear our case given the importance of the issues at [hand] right now,” Marcantonio said Tuesday afternoon. “We need to raise the issue of student voting as they are prohibiting a common practice among New York students who participate in life of their college communities, and are preventing them from being able to run for office.”

Raia also confirmed there is an appeal filed against the Appellate judge’s decision that allowed the Suffolk Democrats to designate Rosen as the party’s new candidate. If overturned, he said the petitions could be found invalid and Rosen could also be ineligible to run.

The results of the court proceedings were not available by the publication’s press time.

File photo

Huntington Republicans have filed petitions seeking to add an additional party line next to their name on ballots this November.

Suffolk County Board of Elections confirmed that petitions were received seeking to create a Stop LIPA party line, a move conducted with the hope of capitalizing with voters on Long Island Power Authority’s ongoing legal battle with the Town of Huntington over the Northport Power Station.

We need to send the loudest message we can to Gov. [Andrew] Cuomo. What better way to send a message than to have those who are concerned voice this at the polls.”

— Andrew Raia

“This is a major issue with us losing a major decision in court,” New York State Assemblyman Andrew Raia (R-East Northport) said. “We need to send the loudest message we can to Gov. [Andrew] Cuomo. What better way to send a message than to have those who are concerned voice this at the polls.”

Raia referenced the decision made by Judge Elizabeth Emerson Aug. 16 that dismissed the third-party beneficiary lawsuits brought forth by the Town of Huntington and Northport-East Northport school district in which the judge found LIPA made no promise not to challenge the tax-assessed value of the Northport plant. 

Raia is one of four political candidates who obtained the 1,500 signatures needed to petition for a Stop LIPA ballot line. The three Republicans who joined him are: Jeremy Williams, challenger for the state’s 10th Assembly District; Jim Leonick, candidate for Huntington town council; and Janet Smitelli, campaigning to be Huntington’s receiver of taxes.

Leonick, who previously ran for Huntington’s board in 2017, said he believes LIPA’s lawsuit against the town should be one of the leading issues this election cycle. In campaigning, the candidate said he feels residents haven’t been kept well informed on the situation and need leadership not simply willing to oppose LIPA, but also to consider alternative solutions.

You are taking a serious issue and you are creating political fodder with it.”

— Joan Cergol

“They haven’t all been open to other methods of addressing the LIPA situation,” Leonick said. “Such as eminent domain or a [British thermal unit] tax. I’m open minded and I think we need to broaden our defense.”

Smitelli could not immediately be reached for comment on her petition to obtain a Stop LIPA party line on the ballot.

Huntington Councilwoman Joan Cergol (D), appointed to her seat earlier this year and running for a full term against Leonick, called Republicans’ effort to create a Stop LIPA line deceptive.

“You are taking a serious issue and you are creating political fodder with it,” she said. “For him to try to create a Stop LIPA line with his name next to it is basically false advertising.”

The councilwoman said both eminent domain and the energy tax have been discussed, but were measures not supported by Republicans in town government. She said having sat through executive sessions with Huntington’s attorney on the matter, she has gained greater knowledge and insight of the issues that have shaped her decisions and public statements. 

“What makes [Leonick] more dedicated or committed to fighting LIPA’s reassessment than me?” she asked. “He didn’t call me up. He doesn’t know.”

They’re just sorry they didn’t think of it first.” 

— Jim Leonick

Cergol accused Republicans’ canvassers of being deceptive when soliciting signatures for the Stop LIPA petitions, claiming residents thought they were signing a petition to stop the utility company from having the plant reassessed.

“We made an effort to ask volunteers to explain to people exactly what they were signing,” Leonick countered. “We did not do this to be deceptive.”

Suffolk Board of Elections officials said anyone who objected had three days to file a general objection, with six more days to file specific lists of objections. Cergol said her campaign has filed notice of objection with attorneys working on drafting a more specific list of legal objections to be submitted later this week.

“They’re just sorry they didn’t think of it first,” Leonick said.

Mike Yacubich is hoping to run for the New York State Assembly, but is tied up fighting challenges to his petition. Photo from Yacubich's campaign website

When a Shoreham resident decided to bestow his first name upon his son 25 years ago, no one could have predicted the obstacle it would create for him running for office decades later.

Though an appeal could still be heard this week, the New York State Supreme Court Appellate Division ruled in favor of Republican Mike Yacubich, chief of the Rocky Point Fire Department, who wants to represent New York’s 2nd Assembly District, in a decision levied Aug. 24.

The would-be candidate garnered enough signatures on his petition to be placed on the ballot for the Sept. 13 primary, but was challenged in court by three citizen objectors in the district. The objectors argued that since two Mike Yacubichs — father and son — have lived and are registered to vote at the same address, those who signed the petition approving the elder Yacubich as a political candidate couldn’t have distinguished between he and his son, who also goes by Mike. The argument was heard by the Republican and Democratic commissioners of the Suffolk County Board of Elections —Nick LaLota and Anita Katz, respectively — who brought the case to the Suffolk County Supreme Court. The lower court initially ruled against Yacubich, who then appealed and won to restore his name to the ballot.

“The board exceeded its authority when it invalidated the designating petition on the ground that it could not identify which registered voter was the candidate,” reads the unanimous decision reached by four appeals court judges. “There was no proof that Yacubich intended to confuse voters, or that any voters were confused as to his identity.”

Yacubich hopes to challenge incumbent Anthony Palumbo (R-New Suffolk) in the primary for the right to represent the Republican party on the general election ballot in November, barring an appeal to the Aug. 24 ruling being filed by the objectors this week.

“It’s satisfying to try to be moving forward here, but apparently it’s not meant to be until we can finalize this process,” Yacubich said. “It does make it a little bit difficult, but we’re committed to the program.”

The political hopeful said he couldn’t believe there would be any confusion as to who was running given people in the community know him as “Mike” or “Chief Mike” at the fire department in addition to his past service on the Shoreham-Wading River school district board of education. He added that his son hasn’t lived with him for more than two years.

“I think our argument has been and still is there is no confusion as to who the candidate would be,” he said. “Certainly, my son is not a chief in the fire department, an accountant, has never been a member of the school board.”

A senior official at the BOE, who asked not to be named as the issue continues to be played out in court cases, said the candidate complicated the matter by going with a shortened version of his first name — Mike instead of Michael — as well as opting not to include a middle initial on his petitions, which would have served as a delineator between the father and son.

“If you are attempting to be a state Assembly member, someone responsible for passing laws, details matter,” the official said, adding that the mix up shows a lack of experience on the part of the candidate and his campaign team.

Yacubich rejected the notion the mix up had to do with a lack of experience.

“How could they expect anybody from the public to get through the process if these are the hoops they have to jump through to get on the ballot,” he said. “To be thrown off the ballot for a technicality such as this [is] just unreasonable.”

Republican candidate Dan DeBono, far right, with this family. Photo from DeBono campaign

First-time political candidate Dan DeBono said there are two different kinds of Republicans. One supports the little guy, and the other only helps the rich get richer.

There are corporate Republicans and then there’s, like me, middle-class Republicans,” he said. “Corporate Republicans will seek to apply all government power to help conglomerate corporations… enrich the big guy and hope that trickles down to the small guy. Middle-class Republican’s vision of leadership is creating an environment where the middle class can thrive.”

There are corporate Republicans and then there’s, like me, middle-class Republicans.”

— Dan DeBono

DeBono hopes to bring his vision to the U.S. House of Representatives for the 3rd District,  challenging incumbent Congressman Tom Suozzi (D-Glen Cove) on the Republican party line for the seat this November.

His campaign focuses on middle-class issues due to his upbringing. Born in 1968, he grew up in Northport and graduated from Northport High School. DeBono then attended Holy Cross College in Worcester, Massachusetts on a Reserve Officer Training Corps scholarship that allowed him to join the U.S. Navy SEALs after graduating with a bachelor’s degree in mathematics. The candidate spent four years as an officer in the Navy serving overseas during the Gulf War and U.S. and NATO’s intervention in Bosnia.

After serving, DeBono went to The Booth School of Business at The University of Chicago where he obtained a master’s degree in business administration. He spent the next 20 years in the finance industry. DeBono became involved in the local politics as a committeeman for the Town of Huntington’s Republican Committee and provided financial advice to the presidential campaigns of Mitt Romney (R) and Rudy Giuliani (R).

The Republican candidate said he sees a host of challenges facing Long Island stemming from regulation, taxes and infrastructure problems. It’s hit a breaking point where he says businesses and people do not want to stay here. Given the high cost of living, he sees more and more young people deciding not to stay on the island.

It’s too expensive to live here and raise a family.”

— Dan DeBono

“It’s too expensive to live here and raise a family,” DeBono said. “The balance between income and cost of living has gotten so out of whack that generally young people are not returning after college.”

He wants to put pressure on both the federal and state government to supply funds to ensure the Long Island Rail Road is overhauled. DeBono also supports plans to cut small-business regulations and reduced state income taxes to help alleviate Long Island’s high cost of living.

While he largely agrees with cutting taxes, the challenger said he would not have voted for the 2018 federal tax cuts simply because the amount of allocated for individuals in lower tax brackets was too small and the duration was too short, only going until 2025. He also said the loss of state and local tax deductions will have a negative impact.

In his campaign, DeBono points to corporate Republicans as those who think of large businesses first and top-down economics whereas he wants to strengthen Long Island’s economy by building up the middle class. DeBono is campaigning on a platform of specifically targeting corporate mergers and consolidations, which he said creates anti-competitive monopolies and oligopolies, as well as targeting regulations that hinder new businesses rising up to compete.

Industry after industry have concentrated down into three to four players. This is a huge contributor to the destruction of the middle class.” 

— Dan DeBono

“The same pattern of consolidation has occurred in nearly every industry in the United States,” DeBono said. “Industry after industry have concentrated down into three to four players. This is a huge contributor to the destruction of the middle class.”

On other national issues, DeBono said he believes in strong borders and supports efforts to build a wall, or barrier, along the U.S.-Mexico border. The Republican candidate also said he believes health care prices are crippling America’s middle class and he would prefer a market-based solution — but did not rule out a national single-payer system.

DeBono strongly believes in a free and competitive market, but he also supports unions.

“A robust free market will always form the most reasonable and durable form of job protection,” DeBono said. “We have structural issues that must be addressed first before those protections can kick in. At this point in the cycle unions are more important than they’ve ever been.”

DeBono is holding an open house at the Huntington American Legion Post 360, located at 1 Mill Dam Road, Sept. 17 at 6:30 p.m.

Michael Marcantonio speaks at his July 30 press conference. Photo by Kyle Barr

Democratic challenger Michael Marcantonio will be removed from the ballot for the 12th Assembly District after courts ruled he failed to meet the residency requirements.

A panel of four judges in New York State Supreme Court’s Appellate Division in Brooklyn ruled Aug. 22 that Marcantonio, 31, of Northport, did not meet the five-year state residency requirement to run for state Assembly. The political candidate called it “unjust.”

“I’ve been punished simply for exercising my right to vote,” he said.

“I’ve been punished simply for exercising my right to vote.”

— Michael Marcantonio

The panel’s decision found that when Marcantonio cast a ballot in the 2014 elections in North
Carolina, where he was enrolled as a law student at Duke University at the time, he had severed his connection to New York. The issue first came to light in July, when three supporters of Assemblyman Andrew Raia (R-East Northport), whose seat he was vying, Ralph Notaristefano, Paul D’Alessio and Kathleen Barnhart filed a lawsuit in New York State Supreme Court.

“I did everything everyone else does when they go away to school, I did nothing different — the only difference is I tried to run for office afterward,” the political hopeful said. “It’s going to discourage young people from running for office.”

Marcantonio said he was unsure of bringing the case to the state Court of Appeals, citing that the court has the sole discretion to determine whether or not they’ll hear his plea. Ultimately, he said he believes time will show the judges’ decision was in error.

It’s a symptom of the cancer in our body of politics in New York State.”

— Michael MarcAntonio

“It’s shocking that the court, who is supposed to be the guarantor of our democracy, our justice, our voting and electoral rights would instead disenfranchise our district from having a real choice in this election and undermine young people’s right to run for office,” Marcantonio said.

As Marcantonio was found ineligible, Raia  will run unopposed. Raia could not immediately be reached for comment. The incumbent previously weighed in on the issue stating to TBR News Media that anyone who may want to run for office after attending school in another state should use absentee ballots.

Now barred from running, Marcantonio said he will continue to support the campaigns of several other Suffolk Democrats up for re-election this November including state Assemblyman Steve Stern (D-Dix Hills) for the 16th District, Huntington Councilwoman Joan Cergol (D) and challenger Jim Gaughran who will run against state Sen. Carl Marcellino (R-Syosset).

The political hopeful said he already spoke with Rich Schaffer, supervisor of Suffolk County’s
Democratic Committee, about bringing the fight to the state Legislature when it reconvenes in January. Schaffer and other members of Suffolk Democratic Committee could not immediately be reached for comment.

I will be a candidate moving forward for whatever office I have the opportunity to run for.”

— Michael Marcantonio

Marcantonio wants there to be changes made to the five-year state residency requirement to make clear the intention is not to punish students who pursue higher education in another state.

“It’s a symptom of the cancer in our body of politics in New York State,” he said. “Our elections laws are not structured in a way to incentivize youth participation or incentivize people to get involved in the process. They are designed to make it as difficult as possible.”

He also states he will continue to work to encourage the young voter to get to the polls this November given the “unprecedented levels” of young engagement following recent events such as the Feb. 14 Parkland, Florida, high school shooting.

Marcantonio said the outcome has not discouraged him from taking part in political endeavors.

“This will not be the last time you hear of Michael Marcantonio,” he said. “I will be a candidate moving forward for whatever office I have the opportunity to run for.”

Democratic challenger files immediate appeal, keeps eyes on November's general election

Michael Marcantonio speaks at his July 30 press conference. Photo by Kyle Barr

A judge has ordered Democratic challenger Michael Marcantonio’s name be removed from the ballot for the 12th Assembly District.

New York State Supreme Court Judge Richard Horowitz issued a decision Aug. 17 that Marcantonio, 31, does not meet the minimum residency requirements to run for state Assembly.

His campaign has already filed an appeal of the decision, a staff member of Suffolk County Board of Elections confirmed Aug. 20.

“We will be proceeding with an appeal not just for our campaign, but for young people across our state that would be disenfranchised if this decision was allowed to stand,” Marcantonio said in a statement. “Long Island is facing a loss of our young people as they obtain education and are forced to seek opportunities elsewhere. This decision would place further barriers between young people and their ability to serve our communities.”

“We will be proceeding with an appeal not just for our campaign, but for young people across our state that would be disenfranchised if this decision was allowed to stand.”

— Michael Marcantonio

In July, 12th District residents Ralph Notaristefano, Paul D’Alessio and Kathleen Barnhart filed a lawsuit contending Marcantonio did not meet New York’s residency requirements to run. Under state law, any candidate for state office must show he or she has resided within the state for a minimum of five years and in the assembly district for one year.

The judge ruled that because Marcantonio registered to vote in the 2012 presidential election in North Carolina, where he attended law school at Duke University from 2012 to 2015, he did not meet the five-year New York State residency requirement, according to a statement issued by Marcantonio’s campaign.
Marcantonio could not immediately be reached for further comment. His campaign did not immediately provide a copy of the judge’s decision upon request.

At a July 30 press conference at Cow Harbor Park in Northport, Marcantonio said he believes his right to run for office is protected under the U.S. Supreme Court decision Symm v. United States (1979), which he said allows for students’ right to vote without losing their residency.’

“Merely registering to vote as a student out of state is not enough to eviscerate your residency in this state as a New Yorker,” Marcantonio said July 30.

The Democratic challenger remained on North Carolina’s voter lists until he graduated with his legal degree in 2015. He changed his registration to New York for the 2016 presidential primary, and cast a ballot in the last Northport school board election.

Marcantonio had previously said if he lost the lawsuit, he feared it could bar young people from voting while attending out-of-state school and then coming back to run for office.

Incumbent state Assemblyman Andrew Raia (R-East Northport), whose seat Marcantonio was vying to grab, previously weighed in on the issue stating anyone who may want to run for office after attending school in another state should use absentee ballots.

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