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Andrew Raia

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

Michael Marcantonio. 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.

From left, New York State Assemblyman Andrew Raia and Democratic challenger Michael Marcantonio. File photo, photo from Facebook

New York 12th Assembly District Democratic candidate is facing allegations that he has not lived in the state long enough to run for office.

District residents Ralph Notaristefano, Paul D’Alessio and Kathleen Barnhart filed a lawsuit July 25 in New York State Supreme Court contending Democratic challenger Michael Marcantonio does not meet New York’s residency requirements.

When you change your car registration and open up a new voting registration in another state and that state says you must be resident of that state to vote, that’s pretty clear cut for me.”

— Andrew Raia

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.

Current state Assemblyman Andrew Raia (R-East Northport) said the more contentious issue in the lawsuit is whether Marcantonio, 31, has been a resident for the mandatory five years.

Marcantonio attended law school at Duke University in Durham, North Carolina, where he registered to vote in the 2012 presidential election as an enrolled student from 2012 to 2015.

“When you change your car registration and open up a new voting registration in another state and that state says you must be resident of that state to vote, that’s pretty clear cut for me,” Raia said.

In a July 30 press conference at Cow Harbor Park in Northport, Marcantonio said he believes his right to run 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,” he said.

Marcantonio 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.

The Democratic candidate said if he loses the lawsuit, he fears it could bar young people from voting while attending out-of-state school and then coming back to run for office.

“What we’re seeing today is an assault on young people,” Marcantonio said. “If we lose this lawsuit every single New Yorker who goes out of state for school and [vote,] they would be barred from running for office for five years after they graduate school.”

Merely registering to vote as a student out of state is not enough to eviscerate your residency in this state as a New Yorker.”

— Michael Marcantonio

Raia said that if anyone wants to run for office after they attend school out of state that they should send absentee ballots. Marcantonio countered that filing absentee ballots is too difficult for young people because they have to get it notarized. One has to get a absentee ballot notarized in South Dakota and North Carolina, according to Vote.org.

Raia said Marcantonio does not primarily reside in Northport, but rather lives in a New York City apartment closer to where he works at the law firm Kirkland & Ellis. Marcantonio has taken an unpaid leave of absence from his job to campaign, saying his main residence is his Northport family home, Marcantonio said he keeps a city apartment to use when he’s too tired to travel after work.

Raia also argued that Marcantonio is not well connected to the district. Marcantonio had raised more than $100,000 by July, more than double Raia’s campaign, according to financial disclosures filed with the state Board of Elections. Yet, only approximately $1,500 of the Democrat’s war chest came from nonfamily members in the voting area. Marcantonio said he expects his campaign to acquire more local donations in the months before the election.

Judge Richard Horowitz of the New York State Supreme Court is presiding over the case. The date was postponed but both parties are now due in court Aug. 17.

Marcantonio said he expects to win the lawsuit. “Northport is a great place to grow up — it made me who I am today,” he said. “I want to spend the rest of my life here, raise kids and send them to the same great schools I went to.”

Mikey Brannigan proudly displays the United States Flag as he races down the London track during the 2017 World Para Athletes Championships. File photo

By Desirée Keegan

Mikey Brannigan didn’t roam the halls of Northport High School, he ran down them. He’d dash through the doors as others raced behind him, saying “catch me if you can.”

“Stop that kid,” Brannigan said they would shout, laughing.

Mikey Brannigan received a proclamation from New York State Assemblyman Chad Lupinacci. Photo from Assemblyman Lupinacci’s office

Brannigan battled his way to a successful high school career, and beyond after graduating in 2015. The runner is continuing to exceed expectations — being the only Paralympic athlete in history to hold simultaneous records in the 1,500-, one-mile, 3,000- and 5,000-meter events. He brought home two gold medals — in the 1,500 and 800 — and silver in the 5,000 at the London 2017 World Para Athletics Championships at the end of last month.

“Make no mistake about it Mikey wants to be the best,” his New York Athletic Club coach of two years, Sonja Robinson said. “His drive — it shines out. You see it. He loves running.”

Brannigan was diagnosed with autism at 3 years old, and began running at 8. Fast-forward 11 years, when as a 19-year-old he became the first individual with autism to win a gold medal in the 1,500. He also became the first athlete with a T-20 Paralympic classification to shatter the 4-minute mile threshold in August 2016 with a 3 minute, 57 second finish at the Sir Walter Miler meet in Raleigh, North Carolina. A month later, he competed in the Special Olympics in Rio de Janeiro, Brazil, where he took home the gold after a dominating 3:51 in the 1,5000.

Mikey Brannigan, at center, is surrounded by politicians and coaches as he shows off his new proclamations and gold and silver medals. Photo from Assemblyman Lupinacci’s office

Now at 20, he’s training to compete in the 2020 Paralympics in Tokyo.

“I’m taking it little by little and want to show everyone that if you take even little steps you can achieve your dreams,” Brannigan said. “Look at all you can achieve. Work hard and you can achieve your dreams. You can achieve anything.”

Brannigan was honored by local government officials at Northport High School Aug. 9, receiving accolades for his accomplishments, while the members also dubbed Aug. 9 Mikey Brannigan Day in New York.

“He’s truly our hometown hero,” state assemblyman Chad Lupinacci (R-Huntington Station) said. “Mikey’s story is nothing short of amazing. What he has accomplished at his age is unheard of. His achievements are a true testament of his hard work, dedication, perseverance, sweat and tears.”

State Sen. John Flanagan (R-East Northport), whose kids graduated from and played sports in Northport, said he was in awe, and pointed to the back of the room — the local kids that were in attendance at the press conference — as the “cool” part of the event.

“He’s truly our hometown hero. Mikey’s story is nothing short of amazing. What he has accomplished at his age is unheard of.”

—Chad Lupinacci

“What we do when we go to Albany is we brag,” he said, putting his hands on Brannigan’s shoulders. “We tell everyone how cool our districts are, we tell everyone about the Northport school district, and we’re very proud of where we live and where we represent. There’s nothing, in my opinion, nothing better than dealing with young adults, no matter what they may be doing, because they’re the future.”

Brannigan grinned as he was invited to Albany in January to be recognized by the entire state legislature. State Sen. Carl Marcellino (R-Syosset) also presented him with a proclamation.

“We’re going to bring you up to Albany, but the bad news is, you have to run there and it’s 200 miles,” Flanagan joked.

“That’s a long, cold trip,” Brannigan responded, waiving his arms no.

Flanagan said he was humbled and proud to be in Brannigan’s presence.

“These are the stories people should know about and want to hear about,” he said. “I went from a stage where I used to run, then I jogged and now I walk. On my best day, I couldn’t even come close to the accomplishments of this young man, who really is a role model.”

State Assemblyman Andrew Raia (R-East Northport) agreed the barriers Brannigan has broken are unbelievable feats.

Mikey Brannigan smiles as he shakes New York State Assemblyman Andrew Raia’s hand during a press conference at Northport High School. Photo from Facebook

“Every day you turn on the television and something bad is happening,” he said. “I want to turn on the television to see this young man. It’s a big responsibility to carry, but in just the few moments I’ve had to talk with him, I know he’s up to the challenge.”

Raia proceeded to tell Brannigan he was going to embarrass him, to which he responded: “Do it.”

The assemblyman pointed out the runner’s red, white and blue Sperry top-siders, and said he needed to find out where he got them.

“He’s such a proud American,” Raia said, to which Brannigan smiled and shook his hand. “We wish nothing but the best. Keep running, my friend.”

Lupinacci shared a similar sentiment during the conference that was broadcasted on Facebook live and viewed by nearly 3,000 people.

“Your family and friends and all of us here today are proud of you,” he said as he gave Brannigan a hug. “Younger generations will follow in your footsteps. You’re not only our hometown hero, you’re an inspiration to all New Yorkers and all Americans. You’re an inspiration to people around the world.”

Check out #TBRVotes on Twitter for our reporters’ on-the-ground and up-to-the-minute coverage of tonight’s election results.

National Election

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United States Senate

Chuck Schumer (D) v Wendy Long (R)
chuck-schumerwendy-long
      59.94%               38.26%

Following his victory, Sen. Chuck Schumer (R-NY) took to Twitter to express his reaction. “Humbled by the trust that my fellow New Yorkers have put in me to continue to do my job and represent them in the U.S. Senate. I promise to work every day to be deserving of your trust. I’ll never forget what it means that you gave me the honor of working for you.”

New York State Senate

1st District: Ken LaValle (R) v Gregory Fischer (D)
 ken-lavallegregory-fischer
      67.18%               32.73%
2nd District: John Flanagan (R) v Peter Magistrale (D) v Stephen Ruth (I) 
john-flanaganpeter-magistrale
     63.57%              32.46%

Congressional District

1st District: Lee Zeldin (R) v Anna Throne-Holst (D)
lee-zeldinanna-throne-holst
        56%                    39%
After incumbent U.S. Rep. Lee Zeldin (R-Shirley) was officially declared the victor, he said, “We applaud our opponent. It’s an honor and a privilege to be able to represent the 1st congressional district.” He said while his victory is sweet, that New York is “powerful message.” He made reference to Donald Trump (R) being named president. If that were to happen, Zeldin said, “we are going to repeal and replace Obamacare. We’re going to make America great again.”
3rd District: Tom Suozzi (D) v Jack Martins (R)

tom-suozzijack-martins

          52%                        48%

Assembly

4th District: Steve Englebright (D) v Steven Weissbard (R)
steve-englebrightsteven-weissbard
      58.91%               41.03%
After hearing of the incumbent’s win, Steven Weissbard (R) said, “If you want to win, you can’t be afraid to fight. He called his opponent a “goliath.”
8th District: Mike Fitzpatrick (R) v Rich Macellaro (D)
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      69.81%               30.17%
10th District: Chad Lupinacci (R) v Ed Perez (D)
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      58.24%              41.71%
12th District: Andrew Raia (R) v Spencer Rumsey (D)

andrew-raiaspencer-rumsey

      65.26%              34.70%

Highway Superintendent

Smithtown: Robert Murphy (R) v Justin Smiloff (D)
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         69%                  30.96%

*All results are from the Suffolk County Board of Elections