Apparently, Rudy Giuliani was attempting self-deprecation when he said at a business breakfast Thursday morning that “the only way I could get elected governor is the way I got elected mayor—things have to be so bad.”
But his observation is basically accurate, and it’s one that’s applicable not just in New York but across the country: When one party is clearly in the minority, its only realistic path to victory requires the dominant party to screw up royally.
Back in May, we introduced something which I like to call the Specterometer. This is simply the percentage of the time that Arlen Specter is voting with the Democrats on what I refer to as Contentious Votes -- anything that comes up for a floor vote in the Senate and where the majority of each party splits their votes.
Former Upstate Democratic Conference Chair Stuart Brody: Brody has indicated his interest to Democrats.
Attorney Brian McGrath: McGrath is a 34 year-old New York City-based lawyer who grew up in Lowville. He’s taken a leave His family owns McGrath Dairy and Surge, a local milking equipment dealership, and McGrath Electric. He has put $200,000 of his own money into the race and estimates that he can raise around $700,000 more, according to planning documents. He has a DC-based strategy team set up: Mullen & Co. for media/ consulting, Greenberg Quinlan for polling and Spectrum Partners for fundraising.
According to the Watertown Daily Times, said the “home field advantage could lie with Daniel J. French, a former federal prosecutor who grew up in LaFargeville, or John T. Sullivan, who headed the attorney general’s office in Watertown from 2003 to 2008.”
Others who are seeking consideration: Freshman Assemblywoman Addie Russell, who replaced Aubertine when he became senator; Mike Oot, who challenged McHugh in ‘08; Dr. Robert Johnson, who challenged McHugh in ‘04 and ‘06; Fort Drum Regional Liaison Organization Chairman Keith Caughlin; Danny Francis, who twice challenged McHugh in the 1990’s; and Bill Owens.
Likely factors in the selection:
Money: The candidate’s ability raise funds may be the single most important factor — it is clear from its opening salvo (admittedly against someone who wasn’t running) that the national GOP is ready to throw down in the 23rd. Since the Democrats like a high-profile candidate, it is unclear how the DCCC will treat the race. In the 20th, the DCCC invested slowly and unltimately only spent around $300,000 in the race, compared with the $800,000 spent by the NRCC. It was Murphy’s personal cash and heavy fundraising network that bought all the tv time required to get his name ID up in the compressed time frame of the special election.
The “anti-Albany”/ “not one of us” narrative: Now that Aubertine isn’t running, the Democrats could field a candidate that could serve the “anti-Albany” narrative against GOP candidate Assemblywoman Dede Scozzafava.
If the NRCC plays the same race as in the 20th, with heavy negatives early on, we could see repeat of the negative ads effectively helping to drive up the Democrat’s name ID. If the NRCC’s first ad — or Scozzafava’s comments about the likelihood of “contract pieces” — is any indication, this campaign will get negative very quickly.
Social issues neutralized: Now that the social liberal Scozzafava is running and the socially conservative Aubertine isn’t, Democrats are free to also select a socially liberal candidate, as the issues of abortion and gay rights has likely been neutralized.
Another key for Democrats is to find a candidate that can secure the support of organized labor (which Scozzafava could vie for — her husband is an upstate labor leader). Organized labor, as well as the labor-backed Working Families Party, provided significant assistance to the Murphy campaign earlier this year.
“My priority must continue to be the work I have started in the state Senate, representing Oswego, Jefferson and St. Lawrence counties. My commitment is to the people of the 48th Senate District and has been all along. Before I could even consider the possibility of serving another eight counties, I had a duty to finish out this year’s session.1.) Scozzafava is both a socially and fiscally liberal loser. She cannot beat the Democrat who is both a social and (mostly) fiscal conservative and is a powerful chairman in the State Senate.
Scozzafava has burned every bridge possible with every conservative interest group.
Let’s ignore that she is a liberal. Let’s ignore that she’s in favor of abortion rights. Let’s ignore that she is a big proponent of the gay rights agenda. Let’s ignore that she’s not really a fiscal conservative.
The 11 Republican County Chairs of New York’s 23rd Congressional district have selected Assemblywoman Diedre “Dede” Scozzafava to run on the Republican line in the the expected special election to replace Rep. John McHugh, who has been tapped by President Barack Obama to become the Secretary of the Army. Scozzafava’s selection came after an interview and seletion process that pit her against a handful of prospective candidates, most competitively against Matt Doheny, a political newcomer and investment banker who put $500,000 of his own money in the race, and raised $300,000 in the weeks leading up to the selection.
Several days ago it looked like the Oswego County Republican Party, i.e. chairman, had scored a blank check endorsement for all Republican Legislator's running for this years election. The rumor was Assemblyman Will Barclay was behind the deal.The party chairs from the 11-county distrrict met Friday in Alexandria Bay and voted unanimously for a one-time extension of the deadline. Interested candidates must now submit their names by 5 p.m. Thursday.
Other Democrats who have expressed interest include former U.S. Attorney Daniel French, of Syracuse, who has property in the district; lawyer Michael Oot, of Madison County, who ran unsuccessfully in 2008; former Oswego Mayor John Sullivan; and Danny Francis, of Watertown, who also ran unsuccessfully for the seat in the past.
Sean M Hennessey, chair of the Jefferson County Democratic Committee, said today that interested candidates should send a resume and letter of interest to:
Sue Montgomery Corey at suemc@capital.net.
Tensions between Gov. Paterson and Attorney General Andrew Cuomo have reached frosty new levels with the recent pick of a state Democratic boss. Paterson tapped Nassau County Democratic Chairman Jay Jacobs to replace June O'Neill, a veteran of former Gov. Mario Cuomo's administration.
A Paterson ally described Cuomo - the governor's potential 2010 primary rival - as "off-the-charts angry" about the nod.
It's not Cuomo's allegiance to O'Neill that's the problem.
John Hinderaker at the popular conservative blog PowerLine reports that it's been cold, cold, cold in his home town of Minneapolis, Minnesota, going to far as to compare it with "The Year Without a Summer", 1816, when global temperatures were abnormally low as a result of the eruption of Mount Tambora:
I don't think things are quite so bad this year, but if something doesn't change pretty soon 2009 may go down in history, in some parts of the U.S. at least, as another year with barely any summer. Here in Minnesota and across the Midwest, temperatures are abnormally cold. I don't know whether the phenomenon is world-wide--data that will answer this question have probably not been assembled, and may not be honestly reported--but the current low level of solar activity suggests that the cooling trend could indeed be universal.Indeed, it's been pretty cool in Minneapolis for the past couple of days; the temperature hasn't hit 70 since midday Thursday. But has it been an unusually cool summer? No, not really. Since summer began on June 21st, high temperatures there have been above average 15 times and below average 13 times. The average high temperature there since summer began this year has been 82.4 degrees. The average historic high temperature over the same period is ... 82.4 degrees. It's been a completely typical summer in Minneapolis, although with one rather hot period in late June and one rather cool one now. (Note: actual high temperatures can be found here and historical averages can be found here.)
Key Senate reforms
Here are some of the key Senate rules reforms that lawmakers agreed to early Thursday morning:
Officers and leaders of the Senate as well as committee chairs will be term limited to eight years.
Members will have greater ability to bring bills to a vote. For example, a bill can be taken out of committee to the "active list" for debate upon acceptance of a petition signed by 60 percent of the members (38).
Committee meetings and hearings will be recorded and Webcast, and chamber proceedings will be archived and accessible through the Web site. Additionally, senators want to set up a legislative Cable channel -- dubbed NYSPAN -- to broadcast sessions and joint hearings.
All 62 senators will have equal access to Senate services such as mail and printing, and a formula will provide satellite offices for senators with larger geographic districts so they can better represent districts.
Member items will be divided with greater equity, with Republicans getting one-third of next year's allocation.
The map to the left is the population of New York State as it relates to population.| Unemployment Rates | June 09 | May 09 | June 08 |
| Jefferson | 8.3 | 8.0 | 5.8 |
| Lewis | 8.1 | 8.8 | 5.3 |
| St. Lawrence | 10.2 | 9.3 | 6.8 |
| Oswego | 10.2 | 9.6 | 6.6 |
| New York State | 8.6 | 7.9 | 5.1 |
Polls show Cuomo is still a favored choice to be the Democratic nominee for governor. Cuomo has not said publicly he is running for that office.
Ending months of speculation over the leadership of the state Democratic Party going into 2010, Gov. David Paterson announced today the woman currently occupying that post, June O'Neill, will soon be replaced by Nassau County Democratic Chairman Jay Jacobs.
Ostensibly, this is being done at O'Neill's request because she has been temporarily sidelined by hip surgery (she returned home to St. Lawrence County last Thursday after having a hip replacement at St. Peter's in Albany).
O'Neill will move over to chair the party's Executive Committee (under party rules, the top two posts must be held by a man-woman combo), while Jacobs, who is a prodigious fundraiser and organizer with ties to Hillary Clinton, takes over day-to-day operations.
The change will be officially voted on by party's committee members at their fall meeting.
"June O’Neill has served our party and my administration with great passion, dedication and energy," Paterson said in a statement released this evening.
"She enjoys the admiration and support of people from one end of this great state to the other, people who have seen her fight for Democratic principles during her more than 30 years of service.""Her efforts have allowed us to make great strides as a party, including helping our party raise $12.9 million. Although we will miss one of our ‘winningest’ state party chairs in New York history, I understand and support her wish to put her health first.”
Paterson said he is "delighted" that O'Neill has agreed to stay on as head of the Executive Committee (a position that had been held by Westchester County Democratic chairman Reggie Lafayette, although no mention of him was made in the press release). He also said Jacobs and O'Neill will make a "tremendous team for our party.”
I reached O'Neill at home. She told me she has been talking to the governor "for months" about doing a little less in light of the fact that her surgery will keep her out of the mix for about six weeks and also because, well, it has been a rather bumpy ride.
"I didn't want to give it up completely, because that's not in my nature," she explained. "If anybody looks at these last I don't know how many months, they've been unprecedented. It has not been a normal couple of years."
O'Neill was originally tapped by former Gov. Eliot Spitzer as part of an upstate-downstate Democratic Party leadership team that also included DL21C founder Dave Pollak.
Pollak was ousted within several weeks of Paterson's ascendance to Spitzer's office, but O'Neill was kept on.
Paterson has been state party chair shopping for quite some time now (the issue was bubbling under the surface at the spring meeting in Westchester).
But there was a general feeling among Democratic leaders that 1) his resurrection might be too big a task to take on, and 2) they would have to answer to the chairman-in-abstentia, Paterson's former chief of staff, Charles O'Byrne, who retains a role in the governor's political inner circle.
Apparently, that's all been worked out.
Jacobs' ascension is good for one person in particular: Nassau County Executive Tom Suozzi. The two Long Islanders are very close, and Jacobs was the only county chair to support Suozzi's long-shot primary challenge to Spitzer in 2006.
It is decidedly not good for AG Andrew Cuomo, who may or may not be planning to primary Paterson next fall - depending on who you believe.
"This has not been just about power. It was about reform. It continues to be about reform," Skelos said. " And also, we felt as a conference, that we had to do something dramatic to stop the direction that this state was going."This is the leader of the republican group that until last year controlled the New York State Senate. Reform was a dirty word and we hear was outlawed in dictionaries in the NY Senate. Now, we believe because they lost, reform is now the reason they are doing things? Give me a break. How stupid do they think we are.
“On July 9th, the New York State Senate returned to session, worked into the early hours of the following morning and passed 135 bills vital to the economic well-being of local governments across the state. If these bills were not passed, New York faced the potential loss of billions in revenue and hundreds of thousands of jobs.
Collectively, the legislation has a gross economic impact of $7.23 billion for local governments; securing $3.8 billion in federal stimulus funding for healthcare and education, and $1.5 billion for the development of affordable housing and mortgage assistance.
The Senate also passed a sales tax measure for the City of New York which is expected to generate $60 million per month in revenue and prevent the loss of police officers, firefighters and emergency medical technicians.
The $136.5 million Power for Jobs program was also extended ensuring hundreds of businesses and non-profits across the state will continue to receive low-cost power and affordable energy. By passing the Power for Jobs extender, the Senate Majority protected over 300,000 jobs.
Moving forward with an agenda based on economic growth and job creation, the Senate Majority has again taken action to keep New York on the road to economic recovery. We will continue to serve the people of New York in the days and months ahead, and pass legislation to serve their interests and restore their faith in this great body.”
All of the purported leaders of the Democratic conference stood together to announce their leadership team at a press conference just now. They are: Pedro Esapda Jr., the chamber’s majority leader.
Malcolm Smith, the chamber’s president pro tempore. A source familiar with the deal said that Smith would hold that post only until December; when asked about this, Sampson would not say either way.
John Sampson, the Democratic conference leader.
Jeff Klein, the deputy majority leader.
Carl Kruger, chairman of the finance committee.
A Senate resolution affirming these votes is required; Sampson promised it will come tonight.
Although he would not confirm he is rejoining the Democratic conference, Sen. Pedro Espada would not deny he is going back to apparently give it a necessary 32-member quorum.
Two independent sources, one close to o Espada, assured the Times Union this afternoon that the Bronx senator had decided to return to the conference from which he left on June 8. He is working out details of his return. The Republican senators cancelled a press conference following Espada’s meeting with Sen. Dean Skelos less than an hour ago when he broke the news.
Espada, asked as he left Skelos’ office about returning to the Democrats, said he would not respond to speculation, but that he would do anything that achieved the goal of the “reform coalition”.
“I am committed to one thing and one thing only - the empowerment of 62 senators in the reform we achieved,” he said. “We remain focused on getting a resolution. We remain focused on the reform.”
ALBANY—In a legally questionable move that is likely to bring a challenge, David Paterson named former M.T.A. chairman Richard Ravitch as his lieutenant governor in a live address Wednesday evening, hoping to break the deadlock in the State Senate.
"The Senate is paralyzed, there is no presiding officer," Paterson said. "I have selected Richard Ravitch, the former chair of the M.T.A. and the Urban Development Corporation."
"He will not be a candidate thereafter," Paterson said. "I have come to seek your support for my unprecedented decision."
Ravitch's selection immediately drew praise.
"He's a congestion buster, definitely," said Neysa Pranger of the Regional Plan Association, who worked with Ravitch to craft a bailout for the authority earlier this year. "Having seen him work firsthand in M.T.A. negotiations, he's forceful and respected and I'm sure he would find a way to forge an agreement. He's been a backroom negotiator his whole life."
I have shared it with members of the other conference and my own conference, and there seems to be a willingness to move in this direction.Proposal would provide long term arrangement to share power, resources and duties of Senate
ALBANY (July 7, 2009)—As part of a continuing effort to end a stalemate in the New York State Senate, state Sen. Darrel J. Aubertine and his colleagues today proposed a long term solution to share the duties and powers of the Senate between the two conferences equally.
“This fight over leadership has gone on too long and the work we need to do for the people we represent has been held hostage,” Sen. Aubertine said. “This proposal is a long term comprehensive framework that will allow both sides to share the duties, powers and resources of the Senate equally in a bipartisan manner. This stalemate needs to end and I believe this proposal has the potential to bring us all together.”
The proposal issued by Senator Aubertine, Senator Jeff Klein and others in the Democratic Conference would provide the long term arrangement sought by the Espada-led Republican Conference, while providing assurances that both conferences will be equal in their roles within the Senate.
-30-
Gianaris and the heads of Citizens Union and Common Cause sent a letter to Paterson outlining the idea, which is based on their reading of the state Constitution and the state's public officers law.
Section 43 of the public officers law states, "If a vacancy shall occur, otherwise than by expiration of term, with no provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election."
"Nothing in section 43 indicates that it does not apply to the office of Lieutenant Governor," Gianaris' group argues in their letter to Paterson. This is, they add, "in sharp contrast" to Section 42 of the public officers law, "which provides for special elections in certain circumstances and expressly excludes the 'offices of governor or lieutenant governor.' ... The plain and unambiguous language of this section must be read to authorize the filling of a Lieutenant Governor vacancy by gubernatorial appointment."
State Supreme Court asked to compel Assembly to deliver critical legislation to Governor ALBANY (July 6, 2009)—State Sen. Darrel J. Aubertine filed suit today in state Supreme Court to compel the Assembly to deliver bills passed on Tuesday, June 30, including Power For Jobs and home rule legislation, to the Governor for action.
“The hundreds of businesses enrolled in the Power For Jobs program with more than a quarter of a million employees across the state need this legislation signed into law. Taxpayers in my district and across the state need these home rule bills enacted,” Sen. Aubertine said. “My colleagues and I voted to protect these jobs and give our localities the resources they need to keep property taxes in check. Under the rules of the Senate, our votes count. The Assembly does not have the constitutional authority to say otherwise.”
On June 29, Senate Democrats, using a proposal first put forth by Senator Aubertine, offered to let any Republican preside over the chamber to pass these bills. Though the Espada-led conference turned down this offer to instead continue fighting over leadership, one Republican Senator did provide quorum needed on June 30. This suit contends that the quorum is legal and the Assembly must accept the bills.
“These bills must be delivered to the Governor,” the Senator added. “Further delay by the Assembly puts jobs, our school districts and the state’s taxpayers at risk. These bills must go to the governor’s desk for his signature and if he chooses to veto these bills, he’s choosing to continue this crisis over protecting jobs and saving taxpayers. This fight over political power has gone on long enough. Regardless of how that plays out, these important bills were passed legally. The people of my district and the entire state do not deserve to have their issues held hostage in a power struggle.”
The suit filed today contends that the Assembly does not have the authority to withhold delivery of close to 120 pieces of critical legislation passed on June 30 to the Governor. Citing numerous cases, the Senator contends that once the Senate has a quorum, as it did, the votes of the Senators must be accepted and the Assembly must deliver the bills to the Governor.
“This lawsuit has nothing whatsoever to do with who holds what title in the State Senate. This is about doing what the people we represent need done. Settling this leadership squabble needs to take a back seat,” Sen. Aubertine said. “The people I represent do not care about who holds the gavel, they care about their jobs and their taxes. Action is required here. Inaction carries consequences. This lawsuit asks the courts to finally put the people’s business ahead of all the political posturing we’ve seen over the last month.”
If the Assembly is allowed to disenfranchise this Senate vote, it could cost the 570 businesses in the Power For Jobs program about $10 million a month and cost utilities around $1 million to accommodate changes. This added cost is a burden that could force some businesses to eliminate jobs.
“My vote was a vote for jobs in my district and throughout this state and shame on anyone who would contest this lawsuit,” Sen. Aubertine said. “We are seeking a ruling to protect our taxpayers and jobs for the people we represent. Shame on anyone who puts their own political power before these critical pieces of legislation. We need to get the Legislature back on track and get back to work. The things that hang in the balance here, Power For Jobs, home rule legislation, and all the other important bills we passed, must be accepted so the business of the state can move on.”
In addition to Power For Jobs and home rule legislation, the following bills are among those passed by the Senate and slated for delivery to the Governor:
-30-
People shared facts and opinions at the microphone and with signs. They wore stars and stripes and some carried upside down American flags, a sign of distress, not disrespect, they said. Post Standard July 4th, 2009.The story was carried in the Post Standard and I could not believe it. Coming from a long line of veterans that swore to defend the "flag the symbol of our country" against all enemies foreign and domestic I can not set on the side lines but I have to make my own statement.
Respect for flag is the title given to Section 8 of the U.S. Flag Code, and it addresses this very issue. In fact, this issue is so important that it is the first article written in the Respect for Flag section. Here is the introduction and article (a) in Section 8 of the U.S. Flag Code.
No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
We in this country have the freedom to protest, I fought for that right as many other veterans did. We were willing to lie down our lives for the flag and everything it stood for. We can have disagreements and I respect that but you should show disrespect for our flag.
The Tea Party group is showing contempt for a symbol I hold very dear, and that is disrespectful. Fly your American flag with respect, according to the U.S. Flag Code, and protest in ways protected by the U.S. Constitution.
WS
Patriotic celebrations with stars and stripes, stunning fireworks shows, and parades will be underway today throughout the country. Let's take a moment to remember the importance of this monumental holiday. Independence Day (also known as the “4th of July”) is a federal holiday celebrating the United States’ independence from Great Britain over 230 years ago. On July 4, 1776, the Thirteen Colonies were declared sovereign states as justified in the Declaration of Independence (formally known as “The unanimous Declaration of the thirteen united States of America”).
But how much do you really know about the Declaration of Independence and the American Revolution? Try this short quiz to test your knowledge.
Gov. Sarah Palin announced Friday that she will step down as Alaska's chief executive by the end of the month. She will not seek election to a second gubernatorial term in 2010.A Republican source close to her political team told CNN's John King that it was a "calculation" she made that "it was time to move on." The governor's "book deal and other issues" were "causing a lot of friction" in her home state, the source said, adding that he believes she is "mapping out a path to 2012."
Another source, speaking on the condition of anonymity, said Palin "thinks she has accomplished goals she has set forward. ... She sees what a positive influence she has had on people's lives from traveling the country in the last year."
1. The Senate Obtained a Quorum in Regular Session today
* 31 Democrats were recorded as present in the chamber. The Senate convened a regular session at noon today. Lisa Copeland, Deputy Journal Clerk of the Senate, identified 31 Democratic members as present in the Senate Chamber and, in accordance with longstanding Senate procedure and custom, marked them as present in the Chamber.
* Senator Padavan was also recorded as present in the chamber. In addition to the 31 Democratic members, Ms. Copeland identified Senator Frank Padavan (R-Queens) as being present in the Chamber at the time attendance properly and timely was recorded. Many Senators and Senate staff also observed Senator Padavan in the Chamber at this time. Accordingly, Ms. Copeland marked Senator Padavan as present.
Good government advocate Barbara Bartoletti signed an affidavit bolstering the Senate Democrats' argument that Sen. Frank Padavan was indeed in the chamber.
* These attendance records are included in the day's Senate Journal in the ordinary course of Senate business, and the Journal of the Senate is conclusive proof of the proceedings of the Senate.
2. A Senator counts toward quorum if he enters the Chamber and is marked as present by the Journal Clerk.
* The Court of Appeals in 1982 held that a Senator counts toward quorum if he enters the Senate Chamber and is marked as present by the Journal Clerk. See Heimbach v. State, 89 A.D.2d 138 (2d Dept. 1982), aff'd 59 N.Y.2d 891 (1983), app. dismissed 464 U.S. 956 (1984).
* It is longstanding custom and practice of the Senate that the mere physical presence of a Senator on the floor during the proceedings is deemed to be attendance.
3. A Senator's exit from the Chamber after being recorded as present does not render him absent from the Senate for quorum purposes
* Senator Padavan, having been recorded as present for quorum purposes, is not deemed absent for quorum purposes when he leaves the chamber.
As the Appellate Division noted in the Heimbach case: "By long-standing custom, a Senator's presence is established by his actual entry into the chamber at some point during a session day and having himself marked present by the clerk of the Senate. Thereafter, his presence is presumed to continue unless he requests that he be excused or informs the clerk of his departure." Heimbach, 89 A.D.2d at 147.
4. Quorum, After Being Properly Established, has to be Challenged ... and it never was by Sen. Padavan or anyone else.
* At no time did any Senator question the existence of a quorum after Senator Padavan left the chamber.
* Mason's Manual of Legislative Procedure which is binding as a matter of law in this case, holds that: "[w]hen a body has convened with a quorum present, it can continue to transact business as long as a quorum is present and it is presumed that the quorum continues to be present until the question of no quorum is raised or the lack of quorum is disclosed by a vote." See Mason's § 504(1).
5. The "Fast Roll Call" Procedure was Typical and Valid under the Law and Rules of the Senate
* Once quorum was obtained, the Senate took up non-controversial legislation by well-established "fast roll" call vote under Senate Rule VIII, § 6(b). (Under the same rule a fast roll call is actually the norm. A "slow" roll call of all Senators - where each Senator is called by name and must say "aye" or "nay" - is only conducted when five Senators demand a slow roll call. No such request was made today at any time.
* In a "Fast Roll Call", a bill can be passed after the Journal Clerk calls the names of five Senators and any negative votes are counted. Under a fast roll call Senators marked as present are presumed to vote "yes" on the bill. Accordingly, if there are 32 senators present and none vote "no" then a bill is passed.
6. The Assembly and Governor Must Deem the Bills Passed
* The Constitution does not permit the Assembly to question Senate passage of bills. The Constitution is clear that "[e]ach house shall determine the rules of its own proceedings." N.Y. Const., art. III, § 9.
* Accordingly, the Constitution requires that the Senate alone must determine and apply the rules of its own proceedings.
* The Assembly cannot legally collaterally challenge Senate proceedings.
* Once the Presiding Officer of the Senate certifies on a bill jacket that the Senate has passed a bill, the Assembly must consider the bill passed. See Mason's § 760(6).
* The Constitution and the Court of Appeals have made clear that the Assembly has no discretion but to present such bills to the governor for executive action. King v. Cuomo, 81 N.Y. 2d 247 (1993).
* The Governor must accept these bills as properly passed by the Senate. (He can, of course, veto the bills). The Constitution is clear that upon presentment to the Governor of bills passed by both Houses, the Governor must sign, veto or withhold action on such bills. These options do not include challenging the validity of legislative action on bills: the signature of the Presiding Officer on the bill jacket is conclusive proof of passage. See Legislative Law § 40.
Representatives from both sides - Sens. Malcolm Smith, John Sampson and Jeff Klein for the Democrats, and Sens. Dean Skelos and Pedro Espada Jr. for the Republican coalition - met behind closed doors late this afternoon with Gov. David Paterson, who has heretofore restricted his efforts to slamming the senators from afar.
There's not much to report in the way of progress. But considering that as of this morning, they couldn't even agree on the terms of the next leaders' meeting, this is definitely a positive sign...of something.
Two months after Minnesota voters went to the polls, Democrat Al Franken has been declared the winner of the U.S. Senate race, but his opponent, Republican incumbent Norm Coleman, is ready to challenge the results in court.
