Vv
Ata special Term, Part of the
‘Supreme Court of the State of New
York, held in and for the County
Albany, at Albany, NY, on the
day o 019.
exo. OOO. - 14
IRDER TO SHOW CAUSE,
Hon. Gerald W. Connolly
Hon, Acting Supreme Court Justice
NEW YORK STATE BOARD OF ELECTIONS, Douglas A.
Kellner, Commissioner of the New York State Board of Justice, Supreme Court
Elections; Peter S. Kosinski, Commissioner of the New York
State Board of Elections; Gregory P. Peterson, Commissioner Oral Argument Requested
of the New York State Board of Elections; Andrew J. Spano,
Commissioner of the New York State Board of Elections;
together, constituting the New York State Board of Elections,
Respondents-Defendants.
Upon the annexed Petition and Complaint of RISA S. SUGARMAN, Chief Enforcement Counsel
of the New York State Board of Elections, verified on the 17* day of January 2019, itis
ORDERED that the Respondents-Defendants NEW YORK STATE BOARD OF ELECTIONS,
Douglas A. Kellner, Commissioner of the New York State Board of Elections; Peter S. Kosinski,
Commissioner of the New York State Board of Elections; Gregory P. Peterson, Commissioner efit New
‘York State Board o} Erect yang J. Spano, Commissioner ofthe New ‘York State Board of Elections
Show cause aig gf Term, Part__(exoa——), ofthis court oe held athe courthouse wee
located at 16 Eagle Street, City of Albany, County of Albany, State of New York, on the _day bi “ Bk
at in the Forgot of that day or as soon thereafter as counsel can be heard, why a judgement
should not be entered for the relief demanded in the Petition and Complaint, and why the Petitioner-
Plaintiff, Chief Enforcement Counsel, should not have such other and further relief as might be just, proper,
and equitable, and it is further,
K opoku by alana c
ep by ele | wif 15SUFFICIENT CAUSE APPEARING THEREFOR, let personal service of a copy of this ORDER
together with a copy of the verified Petition and Complaint, on a co-executive director of the New York
State Board of Elections on or before the 18 day of Ja, 2019, be deemed sufficient.
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Dated: January 18, 2019
Albany, New York
Hon.
Hon. Gerald W. Connolly
Acting Supreme Court Justice‘SUPREME COURT OF THE STATE OF NEW YORK,
COUNTY OF ALBANY
RISA S. SUGARMAN, Chief Enforcement Counsel of
the New York State Board of Elections,
Petitioner-Plaintiff,
NEW YORK STATE BOARD OF ELECTIONS, Douglas A.
Kellner, Commissioner of the New York State Board of
Elections; Peter S. Kosinski, Commissioner of the New York
State Board of Elections; Gregory P. Peterson, Commissioner
of the New York State Board of Elections; Andrew J. Spano,
‘Commissioner of the New York State Board of Elections;
together, constituting the New York State Board of Elections,
Respondents-Defendants.
Index No.
PETITION & COMPLAINT
, Supreme Court
‘The petition and complaint of Risa S. Sugarman, Chief Enforcement Counsel of the New York State Board
of Elections, respectfully shows and alleges:
PRELIMINARY STATEMENT
1. This case raises a simple question ~ did the partisan Commissioners of the New York State Board
of Elections (the “Board”) exceed their authority by promulgating rules imposing Board control
over activities of the chief enforcement counsel.
2. In 2014, due to the Board’s failure to investigate violations of the Election Law, the Legislature
created the office of the chief enforcement counsel and vested sole authority to investigate
violations of the Election Law in that office.
3. On August 8, 2018, the Board adopted rules that allow the Board to control key aspects of the chief’
enforcement counsel’s investigations and operations.
4. In doing so, the Board proceeds in excess of its authority - violating the clear statutory mandate
that the chief enforcement counsel have sole authority to conduct investigations necessary to
enforce the Election Law.