January 24, 2020

Alan Richards
Bronson for Assembly Campaign
579-4 Highland Avenue
Rochester, New York 14620

RE: Response to your letter to Chairwoman Brittaney Wells dated January 23, 2020

Dear Mr. Richards:

I am responding to your request concerning the procedure that the Monroe County Democratic
Party follows in terms of its designating process.

As you are aware the Designating Committees be they town or from the legislative districts each
hold their votes. I am aware that your particular concern is that your preferred candidate did not
reach beyond the 50% threshold of votes needed to avoid a second round of votes at our
convention.

I am further aware that you have expressed a concern to Chairwoman Wells that people who did
not cast a vote for you or your opponent, effectively abstaining were counted as voting.

It is the position of the Monroe County Democratic Committee that all votes will be counted and
that just because a committee member did not vote for either declared candidate, did not make
their vote a nullity. We are a party that believes in counting every vote including protest votes.

We need not go back any further than 2018 when there were two instances of abstentions being
counted in the totals: City Court and Assembly District 137.

In City Court Designation in 2018, in Legislative District 23, the votes were cast: Farrell 3, Perez
8, Lopez 40, 1 scattering. In that case the scattering was an abstention with a percentage of
1.92% of votes cast with a weighted vote of 50.6.

In Assembly District 137, in Legislative District 25, a similar event occurred where David Gantt
received 3 votes, Ann Lewis 12, and scattering 1. In that case the scattering abstention received
6.25% of the vote, with a weighted vote of 120.45.
In order to remain consistent with past practices, the Monroe County Democratic Committee
must count all votes, including the votes of the committee persons who choose to write-in or not
to vote for any candidate. I have attached those results for your reference from those
designations.

As far as your implication that somehow the procedure of counting weighted votes has changed,
I would refer you to the attachment showing precedent.

Lastly, as to your question as to the authority “that gives the chair discretion over the counting of
non-present ballots, changing how this process has happened in past designations without an
executive or full committee action,” you have assumed that anything has changed at all. I would
again refer you to the attachment regarding the 2018 designation for City Court and Assembly
District 137.

I would note that Section 6.4 of our by-laws states that, “All disputes arising either from a
Designating Caucus or the County Designating Convention shall be resolved by the Chair of the
Monroe County Democratic Committee.”

Should your present inquiry evolve into a formal dispute, the Chairwoman is empowered to
resolve this matter. I hope this clears up and answers any and all questions you may have in
regard to this important matter.

Very truly yours,

Nathan A. Van Loon

MCDC Counsel