You are on page 1of 235
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 15 SUFFICIENT 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. oe Reopordeat - Deeudluat : Haigh Corse] curent fu swwcr 6 igi oTse nly, at gpa, Py. fl ihify 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.