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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.”

Democrat, Republican parties to name their candidate for 10th District by Feb. 15.

File photo

A date has been set for a special election to fill the state Assembly seat formerly held by Huntington Supervisor Chad Lupinacci (R).

New York State Gov. Andrew Cuomo (D) announced Feb. 5 that special elections would be held April 24 for the two Senate and nine state Assembly seats left vacant
after November’s general elections. Cuomo’s announcement came after weeks of speculation whether the governor would hold the special elections before or after the state budget deadline of March 31.

“The one good thing is they are not going to leave the seat unfilled until November,” Lupinacci said. “I’m glad it won’t be left unfilled as I think it’s important to get someone in there to represent the 10th Assembly District.”

Over the next week, the major political parties will hold candidate screenings and nominating conventions, according to Nick LaLota, Republican commissioner for Suffolk County Board of Elections. There are no primaries, and the candidates are directly chosen by the party’s political leaders. The selected candidate must be certified with the board of elections by Feb. 15.

Independent candidates may petition to get their name on the ballot. LaLota said “the signature amount is high, and the reward is low.”

Suffolk County Republican Committee Chair John Jay LaValle will be holding the party’s convention Feb. 12, according to Lupinacci, and he will be part of the process.

“We are looking at several candidates, and I will be there most likely at the screening,” he said. “If the party leaders seek my input, I will most certainly be very vocal.”

The former state Assemblyman said he’d like to see a candidate who demonstrates an understanding of the issues important to his district, is responsive to constituents’ concerns and is willing to work across the aisle. The Republican Party is in the minority in the state Assembly, and that balance cannot be tipped by the nine seats up for grabs.

While the 10th Assembly District has long been held by Republicans, the Democrats have a number of potential candidates as well.

“We have a couple of people who have expressed interest, as far as I know, but we have not screened anyone yet,” said Mary Collins, chairwoman of the Huntington Town Democratic Committee.

The next representative for the 10th district will serve approximately 130,000 residents, according to the 2010 census data, and includes all or parts of Cold Spring Harbor, East Northport, Greenlawn, Lloyd Harbor, Lloyd Neck, Melville, Huntington and Huntington Station.

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