Summary of Respondent Santabarbara’s Relevant Testimony Santabarbara testified that he had circulated petitions for his candidacy on the Change Albany Now line. He indicated that he solicited signatures in different parts of the l05’ Assembly District, including such public places as a Stewart’s shop, a roller rink and an ice cream store. Santabarbara testified that he changed the town or city as well as the address portion of signatures he collected on the nominating petition when he thought the information was incorrect. He further indicated that he made said changes by striking the information with a line and initialing the change. In response to a question about a signature he collected on line two, sheet four, of the nominating petition, respondent Santabarbara testified that the signer had indicated that his Residence was 130 W Fulton Street, Gloversville, New York and that his Town or City was Gloversville. Santabarbara testified that he crossed out Gloversville in both sections, initialed both cross-outs, and wrote in “Amsterdam” next to the crossed-out and initialed “Gloversville” under the Town/City section. He indicated that he did so because he was collecting signatures in Amsterdam that day and believed there was a 130 West Fulton Street in the Town of Amsterdam. It is worthy of note that Santabarbara testified that at the time he collected the aforementioned signature, he did not realize that Gloversville was not in the 1 05I Assembly District. Santabarbara was asked about line thirteen of that same sheet. The signer had indicated that his/her address was 2004 Brandywine. The Town/City is illegible to the Court, but appears to be “Guilderland.” Santabarbara indicated that he could not make the Town/City out, so he At the hearing, respondent Santabarbara and petitioners stipulated that the I 05°’ Assembly District is comprised of the County of Montgomery, and part of the County of Schenectady, including the towns of Duanesburg, Princetown, Rotterdam and part of the City of Schenectady. -4- crossed out the Town/City information written by the signer and wrote in “Schenectady.” While he did not initial this change, he further indicated that he made the change because he was collecting signatures in Schenectady and believed that Brandywine Avenue was a Schenectady address. Santabarbara further testified about a signature he collected on line twelve, sheet eight, of the nominating petition. Therein, the signer indicated that his/her Town or City was Troy. No changes or alterations were made to the address information accompanying this signature. Santabarbara testified that he knew that Troy is in Rensselaer County and is not part of the I 05” Assembly District. He testified that he submitted the petition knowing that this particular signature was invalid. After questions by petitioners concerning a number of additional signatures of individuals who lived outside the 105” District, the parties stipulated that 90 of the 567 signatures collected by Santabarbara were, at the time of submission to NYSBOB, known by him to be individuals who did no reside within the 105”' District. Santabarbara was also asked about line seven of sheet one hundred and sixty-four. The signer wrote 183 Wolf Hollow Rd Scotia under the section entitled Residence Address. Santabarbara filled in “Schenectady” under the Town/City section and placed his initials next to “Schenectady.” He indicated that he did so because he thought the particular road was in Schenectady and because he was collecting signatures in Schenectady. Santabarbara was also asked about line one of sheet one hundred and sixty-five. The Residence Address is not wholly legible, but appears to include the words “Stanly St”. Santabarbara crossed out the word that appears to be “Stanly,” and wrote in “State.” 1-Je initialed this change. He did the same for line two of said sheet which contained a similarly illegible Residence Address. In response to questioning from the Court, Santabarbara indicated that he initialed all changes, alterations or clarifications that he made to the sheets of the nominating petition. He did not place his initials on the nominating petition in situations where he wrote in the Town/City when the signer had left the Town/City section blank. Santabarbara further testified on a number of occasions that he did not believe that he had to strike “out-of-district” signatures, because Brian Quail, identified as the Chairman of the Schenectady County Democratic Party, had reviewed most of the signatures and told respondent that he did not need to strike said “out-of- -5- district” signatures. Summary of Jennifer Santabarbara’s Relevant Testimony Mrs. Santabarbara is married to respondent Santabarbara. She testified that she collected signatures for the nominating petition at issue. She was asked about a signature at line nine of sheet one hundred and seventy-one. The Town/City was listed as Loudonville. She testified that she knew Loudonville was in the County of Albany and was not part of the lO5 Assembly District. She indicated that she did not cross the signature out because she was told to leave it unaltered by Brian Quail. In response to questions regarding sheet numbers seventy-four, she acknowledged that she had missed two signatures, lines twelve and thirteen, that should have been crossed out because the signers had not appeared before her. She further testified that she thought she had crossed the signatures out. In response to questioning from the Court, Mrs. Santabarbara testified that she believed that an individual named Bertie Dionni had signed for the individuals (Dionni’s daughter and son-in-law) on lines twelve and thirteen. Mrs. Santabarbara was then asked about sheet number one hundred and ninety-eight. Line ten included a signature along with the letters POA. She testified that because the person indicated that she had authority to sign, Mrs. Santabarbara put the letters POA next to the signature after the signer identified herself as a daughter signing on behalf of her mother, over whom she allegedly held power of attorney. Mrs. Santabarbara also testified that Brian Quail had instructed her that “out of district” signatures could be left in because they would not be counted. No other witnesses were called in this proceeding. Petitioners’ counsel summarized their fraud allegations as consisting of: 1) respondent Santabarbara’s collection of 90 out-of-district signatures out of his 567 collected signatures; 2) respondent Santabarbara’s addition of information to the nominating petition as well as his alterations, changes, etc., to information in the nominating petition; and 3) Mrs. Santabarbara’s admissions regarding three signatures. In terms of changes/alterations, counsel added that on three occasions [sheet 8 line 13; sheet 12 line 8; and sheet 162 line 15] respondent Santabarbara -6- had changed the TownlCity without initialing the change. Respondent Santabarbara’s counsel argued that there was no indicia of fraud or any intent to defraud or deceive. In sum, counsel maintained that there had not been a requisite showing of fraud on the part of either Santabarbara or his wife such as to sustain invalidation of the nominating petition
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
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Amsterlight
September 26, 2010, 2:59pm
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Judge rules petition not fraudulent BY JUSTIN MASON Gazette Reporter
Angelo Santabarbara secured the Change Albany Now line on the ballot in November after a Supreme Court justice in Albany dismissed fraud allegations lodged by incumbent state Assemblyman George Amedore Thursday. Judge Roger McDonough determined Santabarbara, the Democratic candidate for the 105 Assembly District, didn’t knowingly try to defraud voters while he was circulating the petition to establish the independent line. Although the judge acknowledged a number of glaring errors, he ruled that they weren’t enough to suggest that the petition was “permeated with fraud.” “In sum, based on the court’s review of the testimony, exhibits and submissions, the court is unable to conclude that the nominating petition in this matter is permeated with fraud, or that either Santabarbara [or his wife Jennifer] participated in any intentionally fraudulent acts,” the ruling states. Santabarbara lauded the decision as a victory for all of the voters who signed the petition. He lambasted Amedore’s accusation of fraud as an attempt at trying to disenfranchise those voters who wanted to send a message to Albany via his petition. “Some terrible things were said about me, but this is not about me,” he said. “This is about the hundreds of people who signed this petition, and I believe George Amedore owes them an apology.” Amedore did not return a call for comment Thursday. Santabarbara, a Schenectady County legislator, will now appear on the Democratic, Working Families and Change Albany Now lines. Amedore, who warded off a primary challenge for the GOP endorsement earlier this month, will appear on the Republican, Conservative and Independence lines. Santabarbara and his wife collected 2,509 signatures throughout the district to establish the Change Albany Now line in August. Amedore objected to 951 signatures, thereby leaving 1,558 signatures unopposed, which was 58 more than the requisite number for the line. Amedore’s attorneys claimed 205 signatures from the 567 Santabarbara personally witnessed were inadmissible. In total, they argued 38 percent of the petition — 951 signatures altogether — were fraudulently obtained. “We do not need any other person going to Albany who will bend, break or skirt around the election laws to get there,” Amedore said earlier this month. Last week, the state Board of Elections upheld the validity of Santabarbara’s petition. That left Amedore with the court challenge alleging fraud.
VOTE FOR THE MOST HONEST, SINCERE GENTLEMAN WHO ONLY WANTS TO REPRESENT THE COMMUNITY AND RESIDENTS HE TRULY TRULY CARES ABOUT!!!
GEORGE AMEDORE!!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Will be all over what? That George Amedore had people sign petitions multiple times? I'm glad Bob will be all over that the more attention to this issue the better....
Bob might want to remember that he proposed an 11% tax increase though....when you do that it's kinda hard to criticize anyone