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Greene County Resident Blasts Greene County Legislators and Demands Resolution

16 May

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You’d think that our elected public officials, our Greene County Legislators, who may be considered examples of our elected public officers in general, would welcome inputs from their voters, residents, and constituencies. You’d think that when numerous citizens take time out of their lives to travel to so-called public meetings and stand up and let their voices be heard in so-called public comment, that the elected public officials would make some response, at least, or even take some action. NOT!

In fact, at a recent regular meeting of the Greene County Legislature on May 15, 2015, Mr Patrick Linger, chairman of the Greene County Legislature, limited public comment to a mere three minutes per speaker per topic. But he didn’t stop there. He extended his censorship to exclude several speakers who wanted to make their public comments. Linger’s reasoning: the speakers wanted to address the same problem and he would allow only one speaker to address a particular topic.

The concern was election integrity and voter confidence. So, you might feel that the integrity of elections and voting isn’t such a big deal. But think about it this way, if Linger’s rules are applied consistently, and legally they must be applied consistently, if several residents in your town or from different towns wanted to comment on the need for improved emergency services in the County of Greene, Mr Linger would tell you all, only one speaker per the topic. So there might be five residents from five towns in the County wanting to talk about emergency services, Mr Linger would allow only one of them to speak. And then only for 3 minutes. That’s democracy in action in Greene County.

Our elected public officers, the members of the Greene County Legislature, are mini-dictators, mini-tyrants once they think they have power. Servants on the campaign trail when they’re begging for your vote but the wolves drop the sheep’s clothing once they take their seats in the legislature!

Greene County Elections Commissioners Can’t Justify their 11-Year Old Voting Machines Failures So They Point Fingers.

So, since November 7, 2023, when it became obvious that the Greene County Board of Elections was a complete failure along with their voting machines, and that the Greene County Board of Elections commissioners Republican Brent Bogardus and Democrat Marie Metzler didn’t give a rat’s tail for what was happening in the some 52 voting districts in the County. It didn’t matter that voters were having incredible difficulty casting their votes when machines got the hiccups. Bogardus and Metzler didn’t give a rat’s tail when elections inspectors, poll clerks in New Baltimore desperately asked for assistance. Bogardus and Metzler didn’t give a rat’s tail when the New Baltimore Town Board passed a resolution asking them to come to a Town Board meeting to answer residents’ questions and to soothe and smooth concerns about voting and elections. Bogardus’ and Metzler’s response was an idiotic two-page letter that pointed fingers but little else. And that their 11-year old voting machines were going senile on them.

Greene County Legislators Appointed Bogardus And Mezler And Refuse To Hold Them Accountable!

Bogardus and Metzler are appointed to their positions as county elections commissioners, and they’re appointed by Guess who? You got it right. They’re appointed by the bunch of monkeys in suits sitting in our Green County Legislature. So, what do you get when you put a monkey in a suit and put him in public office? You get a monkey in a suit in public office. So what can you expect?

One resident from New Baltimore has had enough. He appeared at the May 15, 2024, meeting of the Greene County Legislature to read the circus the riot act…and he did. Chairman Linger did his best to silence as many residents and speakers as possible but this resident got to share what was on his mind. Linger made it very clear, however, that he would allow only 3 minutes so the resident had to drastically shorten his presentation. We provide a direct link to the public comment as delivered before the legislature below. But to really appreciate the atmosphere, we’re producing the entire comment below. Be sure to have a look at the notes at the end because they tell a story of their own.

Here’s what the resident had to say: (Video courtesy of Ms. Anna Brouker of the NYCA)

Read the full, uncensored version below:

Given the events of the past four years and the serious allegations of election misconduct, the suggestion if not evidence of weaponizing law enforcement and the judiciary for political purposes, clear evidence of the plausibility of serious, but reparable irregularities in voter registrations and maintenance of voter rolls,[1] recent legislation in this state opening the door to potential voter fraud and increased costs of elections,[2] the attempt by New York City to extend the privilege of voting to non-citizens,[3] you, as elected public officers, as legislators, you should be facing impeachment for suspicion of dereliction of your obligations to the public, interference with government administration, violation of your oaths of office, and abuse of the public’s trust, and even compromise of critical national security infrastructure, our elections.

On April 8, 2024, the County Services Committee of this Greene County Legislature voted down a resolution requesting the state board of elections to consider an audit of the state voter registration rolls because a citizens advocacy group, New York Citizens Audit, discovered serious errors in the voter registration rolls provided by the New York State Board of Elections.[4]

Even though that resolution was an exact reproduction of a resolution passed by the New Baltimore Town Board and the resolution used by you, the Legislature, even showed the voting by that Board.[5] You didn’t table it, you didn’t propose amendments, you didn’t even discuss it. You simply voted it away!

Let your own minutes speak for me. Would it have been too much to ask this Legislature to have drafted its own resolution? Are you sitting here so you can copy and paste?[6]

On April 11, 2024, I drafted a proposed resolution requesting a similar audit,[7] this time properly written and focused, and submitted it to your Chairman Patrick Linger with a cc to the County Administrator, Mr Shawn Grogan, and to the County Attorney, Mr Edward Kaplan. Linger responded with, QUOTE “I did receive your email and the blather you describe as a draft resolution.” Neither Grogan nor Kaplan bothered to respond. That “blather” was probably the best piece of writing ever to have seen the light of day in these chambers but your chairman called it “blather.”

On April 12, 2024, I sent that same draft proposed resolution to every Greene County legislator, every one of you, noting Mr Linger’s response as well.

Not a single one of you acknowledged receipt of that communication. I wonder if any of you even bothered to read it.

On April 19, 2024, there appeared in the Albany Times Union an article about the so-called failed resolution.[8] The only thing that failed was you, ladies and gentlemen, but back to the article. That piece of politically polarized pulp fiction contained almost as much rubbish as the material offered by Greene County Board of Elections Republican Commissioner Brent Bogardus showing why the New York State Board of Elections, not the Greene County Board of Elections, thought an audit was not needed. I should note that Mr Matthew Luvera, a Town of Catskill RINO,[9] and Mr Edward Bloomer, a Town of Athens RINO, seized the opportunity to get their 15 words of fame, or should I say shame. They managed to embarrass themselves. Surprised?

Back to your County Services Committee meeting of January 8, because what many of you said, and what was memorialized in the official minutes, should get you all tarred and feathered. Many of you were already opposed to even hearing about any electoral irregularities. Mr Harry Lennon, a DINO[10] representing the unfortunate people of Cairo, even found the idea of an audit to be “ridiculous”;[11] at that time — remember, were talking about January 8 — some of you stated that there would be no resolution, according to Mr Lennon, “I don’t think we’re supporting a Resolution…”[12] Several of you confirmed that with your usual eloquence, responding, “Yeah.” Nothing more. Just “Yeah.”[13] Brilliant!

Mr Matthew Luvera, a RINO representing the Town of Catskill, Mr Daryl Legg, a DINO representing the Towns of Halcott, Hunter and Lexington, and Mr Michael Bullich, a Catskill RINO, considered it a waste of their time to learn about any electoral irregularities[14] but on April 8, 2024, had no problem spending one full page of minutes discussing New York State Association of Counties and three pages of minutes discussing the New Baltimore resolution. That was the sum total discussion about the County resolution. Totally irrelevant. It appeared conspicuously clear that Mr Lennon’s statement three months earlier that no resolution would be passed proved true. So, when it comes to fake concerns about wasting time, where did those concerns go on April 8?[15] What exactly are you people doing here? You’re certainly not representing the will of the people, and certainly not defending the Constitution!

You are sitting where you now are because you were elected — Now what does that say about our electoral system? You apparently persuaded a number of voters to trust you, for better or for worse, yet on each of the occasions I cited earlier, you made the clear and conspicuous showing that you have little regard for the integrity of the electoral process or for the concerns of the residents of Greene County.

You have ignored the possibility, if not the probability that there are serious irregularities in how voters are qualified in this state. You have ignored persuasive if not convincing information that there is at the very least numerous questionable entries in state voter rolls. You have exhibited troubling and shameful bias[16] in your so-called deliberations, what deliberations there are.

You have ignored and abused the good faith efforts of concerned citizens to enlist your support to defend their rights and privileges.Given the evidence, and evidence it is, your conspicuous bias, sheepish gullibility, and refusal to take decisive and affirmative steps to assure and ensure the quality of the voter rolls, which are key to the integrity of elections in this county, this state, and this nation, and your indifference to the consequent negative effects on voter confidence is appalling.

Consider for one moment the very real possibility that if the quality of voter rolls and the integrity of elections are not assured, you may very well be sitting where you are unlawfully!

You need to send the resolution!

See Our Other Recent Articles On This Subject

Domestic Terrorism? Board of Elections & Voter Registration Irregularities. Background
Board of Elections: Misinformation & Failure. Legislators not much better.
New York Citizens Audit Resolution Failed? Not!
Greene County is a Pay-per-Vote County!
They are peeing down our legs and telling us it’s icewater!

Notes:

[1] The grass root citizens advocacy group, New York Citizens Audit (NYCA), gave a presentation to the County Services Committee (CSC) of the Greene County Legislature, on February 12, 2024, at which NYCA presented data and examples substantiating their claims that there are big problems with the voter registrations maintained centrally by the New York State Board of Elections. You can read the official minutes of the CSC at: February 12 Minutes.

[2] S 7394-A/A 7632-A allows any voter to cast an early vote by mail without requiring an excuse. There is a clear violation of the New York State Constitution and conflict between Hochul’s so-called “New York Early Mail Voter Act,” The New York State Constitution provides that voters must vote in person at their polling place unless they are either absent from their county of residence (or from New York City if a resident of the City) or “unable to appear . . . because of illness or a disability.” (N.Y. Const., art. 2, § 2) Under this provision, voters may vote by mailing in absentee ballots only if they come within either of the two exceptions to the requirement that they vote in person. Furthermore, and as to increasing costs to the communities via chargebacks, Mr Linger argued that the new laws would increase costs to voters and chargebacks to communities for election services; Greene County Board of Elections Republican Commissioner Brent Bogardus agreed! (see Minutes of January 8, 2024 meeting of the Greene County Services Committee at Minutes, particularly pp. 21-22) Early voting as proposed is not only unconstitutional, but poses significant risks (see Risks).

[3] NYC’s non-citizen voting law ruled unconstitutional on appeal, New York City Council,; Jurist News, New York appeals court finds law granting non-citizens voting rights is unconstitutional, last accessed on May 16, 2024.

[4][4] To view the official video of the County Services Committee of the Greene County Legislature on April 8, 2024, see Video Apr8. For the actual discussion, jump to 02:40.) For the official published minutes of that meeting, please go to: Minutes Apr8.)

[5] You can read the actual discussions of the New York State Association of Counties (NYSAC) and the New Baltimore Resolution. Legislators didn’t discuss a word of the County resolution they were supposed to be deliberating. Instead, they discussed NYSAC and the resolution passed by New Baltimore, both of which had nothing to do with the resolution before the legislators! (See the official minutes at Minutes Apr8 and the video of the discussions at Video Apr8.

[6] To view a copy of the resolution in which the New Baltimore Resolution 53-2024 is marked up to show the portions changed: red strikeout = deletions, blue underline = additions by County, click on this link: Resolution. County Resolution Compared with Town of New Baltimore Resolution.

[7] Read the Draft Proposed Resolution at: Draft Resolution.

[8] Citizens Audit push for probe of 2022 election fails in Greene County Legislature committee or read it here: Political Pulp Fiction.

[9] A RINO representing the Town of Catskill. [Editor’s Note: RINO is a derogatory term meaning “Republican In Name Only.”]

[10] A DINO representing the Town of Cairo. [Editor’s Note: DINO is a derogatory term meaning “Democrat In Name Only.”]

[11] Quoted from the Official Minutes of the County Services Committee of the Greene County Legislature on January 8, 2024:

Chairman Linger stated, “They’re a group, they’re, they’re petitioning the State Board of Elections to do a full audit of the voter registration rolls.”

Legislator Lennon stated, “Ridiculous.” (p.23)

[12] Legislator Lennon stated, “I don’t think we’re supporting a Resolution … Okay, that’s probably what’s gonna happen here.” (Official Minutes, p. 30)

[13] Legislator Luvera stated, “I’ve knocked on most of the houses in Catskill and I know who lives where (Legislator Lennon stated, “Yep.”), so I would agree (Legislator Lennon stated, “Yeah.”), I, I think it’s a waste of our time.” (Legislator Lennon stated, “Yeah.”), I, I think it’s a waste of our time.” (p. 29)

[14] Legislator Legg stated, I’m not worried about it, I’m just worried about wasting time.” (p. 29)

Legislator Bulich stated, “Yeah.”

Legislator Legg stated, “If our rolls are correct, what do we care?” (p. 28)

Chairman Linger stated, “Well I don’t think it’s a waste of time, I think it’s, it’s, the right thing is to also show people that we are doing the right thing and that our rolls are accurate. I think that’s just as important.”

Legislator Luvera stated, “I’ve knocked on most of the houses in Catskill and I know who lives where (Legislator Lennon stated, “Yep.”), so I would agree (Legislator Lennon stated, “Yeah.”), I, I think it’s a waste of our time.” (Legislator Lennon stated, “Yeah.”), I, I think it’s a waste of our time.” (p. 29)

[15] At the April 8, 2024, meeting of the County Services Committee, where the audit resolution was presented, the meeting itself lasted only 35 minutes. The NYSAC discussion consumed 2.5 minutes (370 words) and the conversations about the New Baltimore Resolution consumed 4.7 minutes (700 words), neither of those discussions had anything to do with the merits of the resolution that was supposed to be discussed. The total time given to the resolution, not including the reading, voting, canvassing votes) was 7 minutes and 15 seconds. As it turns out, the irrelevant discussion consumed 21% of the total meeting time! So much for concerns about wasting time!

[16] The legislators, despite the demonstration of many bizarre entries appearing in the voter registration rolls, including those pointed out in the voter registrations for Greene County, showed incredibly ignorant bias in favor of the unsubstantiated claims of their appointees, the Republican and Democratic Elections Commissioners, Bogardus and Metzler, as illustrated in the quotes below from the January 8, 2024 meeting of the County Services Committee:

Other Quotes from the Official Minutes

Quotes from the Official Minutes of the County Services Committee of the Greene County Legislature on January 8, 2024:

Chairman Linger stated, “They’re a group, they’re, they’re petitioning the State Board of Elections to do a full audit of the voter registration rolls.”

Legislator Lennon stated, “Ridiculous.” (p.23)

Mr. Bogardus stated, “We, we will (Legislator Lennon stated, “So let’s not entertain them so.”) certainly if there’s specific (Legislator Legg stated, “Why are we gonna entertain the group?”), if there are specific.”

Legislator Overbaugh stated, “Well we shouldn’t even bring them in.” (p. 26)

Legislator Legg stated, “I know, but if they’re not looking at (Legislator Bulich stated, “Statewide.”) Greene County why are we gonna listen to them?” (p.27)

Legislator Legg stated, “I know, but if they’re not looking at (Legislator Bulich stated, “Statewide.”) Greene County why are we gonna listen to them?”

Legislator Legg stated, “We, we ought to not even entertain them.” (p. 27)

Legislator Legg stated, “I mean we have a lot of things to do and we don’t have to listen to something that doesn’t pertain to our particular county.”

Chairman Linger stated, “So, so you don’t, you don’t, but you don’t think that a Presidential Election is worth making sure that voter rolls are correct.”

Legislator Legg stated, “Not if, not if I can sit here and listen to my people tell me that everything’s good. No, I have no problem.”

Ms. Metzler stated, “Nope, nope.” (Minutes GCL CSC 8Jan24, p. 27) [Editor’s Note: Metzler is the Greene County Board of Elections Democratic Commissioner, an appointee of the Greene County Legislature.]

Legislator Legg stated, I’m not worried about it, I’m just worried about wasting time.” (p. 29)

Legislator Bulich stated, “Yeah.”

Legislator Legg stated, “If our rolls are correct, what do we care?” (p. 28)

Legislator Legg stated, “I personally am opposed to, I’m opposed to having these people come in and entertain anything to us because as far as I’m concerned (Legislator Luvera stated, “Yeah.”), our Board of Elections has done a great job and there’s nothing to be seen.” (p. 29)

Legislator Lennon stated, “I don’t think we’re supporting a Resolution … Okay, that’s probably what’s gonna happen here.” (p. 30)

Quotes from the Official Minutes of the County Services Committee of the Greene County Legislature on February 12, 2024:

Legislator Hobart stated, “So, basically, it’s not saying the counties are all wrong, but the State level, basically, their checkbooks don’t jive.” (Minutes GCL CSC 12Feb24, p. 9)

Mr. Bogardus stated, “I think we’re doing a public disservice here because what we’re going to do with this tonight is we’re gonna erode public confidence in our election system and there is no reason to do that. I’m disappointed, I think all of the information speaks for itself and I would ask you to consider that carefully in your deliberations. Thank you.” (p. 12) [Editor’s Note: Brent Bogardus is the Greene County Board of Elections Republican Commissioner, an appointee of the Greene County Legislature.]

Chairman Linger stated, “Thanks, Brent. I would just counter that I think confidence has already been eroded. Chairman, I have one resident from New Baltimore who would, who has a question, that okay? Ann Marie.” (pp. 12-13)

Your Legislators Talking to Residents Making Public Comment. Respect for Free Speech? Not in the Greene County Legislature!

Legislator Lennon stated, “Folks, cut it.” (p. 14)

Legislator Luvera stated, “This is not a debate.”

Legislator Bulich stated, “Shut this down.”

Legislator Luvera stated, “He lost control.”

Legislator Lennon stated, “He lost control. (Legislator Martinez stated, “He lost control.”) He lost control, Charlie.”

Quotes from the Official Minutes of the County Services Committee of the Greene County Legislature on April 8, 2024:

Hobart argues that the resolution should come out of the New York State Association of Counties, NYSAC.

Chairman Linger stated, “I did, I did talk Tom, I know you mentioned previously about a, a Resolution coming from NYSAC. I did talk to the, a few of the leaders at the NYSAC conference last month; everybody kind of had the same thought process was that if there was Legislation that was coming forward, you might see something like that come through NYSAC, but something like this that, that’s just requesting something, wouldn’t come through NYSAC. So, it’s not gonna come from that direction.

Legislator Hobart stated, “That’s how I still feel on that, I don’t think, I think it should be all the counties coming together as a group, not just individual counties, that’s just my own opinion.”

Domestic Terrorism? Board of Elections & Voter Registration Irregularities. Background

03 May

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Author’s Apologia*: This article is long but comprehensive. It has to be to cover the complex issues involved and to ensure that my readers have the full set of facts and background. That’s how we do things on the Smalbany Magazine & Blog. I do realize that the subject matter can be a bit difficult to digest in one sitting but it’s important that you try. Yes, there are links and footnotes, and sidebars and references to scholarly articles but they’re all there to substantiate what I am writing, and to keep my readers on track. I’ve attempted to give you everything you need to make an informed decision. I’ve put a great deal of time into the research and investigation to ensure that you have good information. I hope you find this work useful and informative.

*An “apologia” is not a statement of regret or an admission of guilt —that’s “apology” — apologia means a formal defense of an opinion, position or action or a desire to make clear the grounds for some action, belief, or position. See, you’ve already learned a new word!

In our recent article Board of Elections: Misinformation & Failure. Legislators not much better (April 30, 2024), we suggested that New York State Board of Elections, Kristen Zebrowski-Stavisky and Raymond J. Riley III, co-executive directors at the New York State Board of Elections, Brent Bogardus and Marie Metzler, elections commissioners at the Greene County Board of Elections, if they are “publishing a false and misleading statements that they know to be untrue,” a fact that appears to be undeniably true, “they should be prosecuted for undermining the infrastructure of national security, an act of domestic terrorism!” We would include with those perps members of the Greene County Legislature, who refused to pass a resolution asking for an audit of voter registration rolls.

In our previous article, we did not explain our reasoning and logic when making that statement but we will make that clear in this article.

We’ll begin by explaining what is meant by a critical national security infrastructure, and then look at some definitions of “domestic terror.” Once we are clear on those two definitions, we’ll look at violence as violation of rights, and then show how the false statements, negligence, disinformation, and failure to take urgent corrective action by the Boards of Elections and county legislators, results in violation of citizens, voters rights, and violates, that is, does violence to our critical national security infrastructure.

We’ll also point out the psychological effects of the failures of the boards of elections and county legislators on the mood in the country and citizens’ reactions resulting from those violations.

This is the unabridged version that contains my arguments and the references. It may be long for some readers. If you are interested in just my conclusions, please see
Domestic Terrorism? Board of Elections & Voter Registration Irregularities. Conclusions.

As most of you are aware, the events emerging from the 9/11 attacks ushered in unprecedented government intrusions into citizens’ lives, which were codified in the so-called Patriot Act. The trauma of 9/11 induced a pandemic of blindness and insecurity in the American public, who accepted the intrusions as necessary.

In 2019, the so-called COVID pandemic caught the world’s attention, and the government instituted so-called emergency measures, again eroding Americans’ civil rights and liberties. We need not go into the gory details, because most of our readers experienced those events.

What were called emergency measures in 2019 and were supposed to be only temporary invasions of American rights and liberties slowly became codified in federal and state laws. Since we’re focusing on elections, voting, and the Boards of Elections, one of those “emergency measures” inaugurated in that election year and in response to lockdowns and social distancing was voting by mail. That “emergency measure” was recently made law in New York and its foreseeable effects will be increased costs to taxpayers in terms of material and human resources, and an increased risk of election fraud, which will place added burden on law enforcement agencies.[1]

It’s uncanny that we are examining the problem of the county and state Boards of Elections inability to keep dead people or 174 year olds off the voter rolls or from voting and, to add insult to injury, refuse to explain or to provide answers to citizens’ questions, or attack and vilify any citizens advocacy group that may point out the incredible and very obvious flaws in the Board of Elections maintenance of these records so vital to the democratic process and to the effectiveness of our representative democracy.

Say what they will, the Boards of Elections, state and county, and their commissioners, directors, co-directors and staffs have the responsibility under the law to ensure the accuracy and reliability of voter registrations and to ensure the integrity of our elections.

The Greene County Board of Elections Thumbs Its Nose to Towns

In a recent letter in response to one municipal board’s, that of the Town of New Baltimore (Greene County, NY), request by Town Board Resolution to attend a town board meeting to answer questions and respond to voters’ concerns, the Greene County Board of Elections commissioners Brent Bogardus and Marie Metzler responded by letter, disposing of the request with short shrift. Their so-called explanation amounted to finger pointing and name-calling. They actually criticized poll workers, some of them working the polls literally for decades, of not knowing how to operate the machines! (page 17 of F.O.I.L. documents)

In response to our demand for the production of documents under the New York State Freedom of Information Law (N.Y. Pub. Off. Law Secs. 84 to 99) served on the Greene County attorney, in which we demanded the production of documents, the County produced some incriminating evidence. You can read the set of provided documents here.

While the Greene County Board of Elections writes that the voting machines currently being used in elections in Greene County have been in use since 2011. Yes they are old and yes poll workers are very familiar with how they work — or don’t work —, since they have been running them since 2011! New York State Election Law (ELN) §3-412 is the specific section that sets forth the training obligations of the boards of election, including: yearly mandatory training of election inspectors, poll workers, and election coordinators; establish mandatory core curriculum for poll workers; the board shall “augment the core curriculum with local procedures…adopted by the board of elections and which includes procedures relating to the proper operation of, and remedying problems with, the voting machine or system in use in their jurisdiction.” (ELN 3-412(1-a)) Well, that one was dead in the water!

The statute continues: “The state board of elections shall establish and host an education and training institute” which must develop a training program for certified poll worker trainers (ELN 3-412(1-b)), and each “[e]ach county board of elections shall enroll not less than two persons … in the state board of elections training institute.” (ELN 3-412(1-c)) “Election inspectors, poll clerks and election coordinators shall be instructed concerning, but not limited to the following topics: the taking of registrations, the use of voting machines … as soon as possible after their designation” (ELN 3-412(2)) And finally, Election inspectors, poll clerks and election coordinators … shall, upon their original designation, and every year thereafter, complete a course of instruction, and, before certification, pass an examination thereon.” (ELN 3-412(3).

So, according to New York State Election Law, the state Board of Elections must establish a curriculum and train instructors, and the county boards must certify trained instructors to train election inspectors, poll clerks, and election coordinators. So why is the Greene County Board of Elections claiming that their “certified” poll workers don’t know how to use the 11 year old machines the Board of Elections is providing???? See the next section.

New York State Election Law (ELN) § 7-203. Voting machines requires the use of voting machines, and states “[t]he board of elections shall provide a sufficient number of voting machines to fully equip all election districts within its jurisdiction. Such voting machines shall be used at all general, special and primary elections.” (ELN § 7-203(1). That section of election law continues, “the state board of elections shall establish … the minimum number of voting machines required in each polling place and … [s]uch minimum number of voting … taking into account machine functionality and capability …, and the need for efficient and orderly elections.” (ELN § 7-203(2). Finally, Election Law §3-226 provides, in pertinent part, that “[a]ll voting machines, and appliances and equipment relating to or used in the conduct of elections shall be in the care,custody and control of the board of elections”.

So, the Greene County Board of Elections is responsible for the “care, custody, and control” of voting machines used pursuant to New York State Election Law (ELN) § 7-203, quoted above. So, again, we have to ask why the Greene County Board of Elections is pointing the finger at poll workers, who must be trained by the Board of Elections every year, for the malfunctions of voting machines, that are in the sole care and custody of the Board of Elections?

Editor’s Note: Failure or malfunction of electronic voting machines is pandemic and widely acknowledged. If anyone doubts this fact, we suggest you do a simple YouTube search using the search terms “technical failures of voting machines testimony” and just look at some of the information provided by authoritative sources. If you don’t think there are problems with voter registrations and that an audit is not necessary, again please do a search of YouTube using the search terms, “voter registration problems audit testimony,” and let us know if you still disagree.

Then we have the issues of the many examples of irregularities in the voter registration database and the voter information provided by the counties, in this case Greene County Board of Elections. And again, the Board of Elections attempts to avoid the issues, deny that they are at fault, and point the finger at everyone else!!! They just don’t seem to be able to admit that they’re incompetent and they can’t avoid appearing as the liars that they are!

So, is there a pattern here, or are we seeing things that are not there? There’s a serious problem here with truth telling, admitting mistakes, and there’s NO ACCOUNTABILITY, NO TRANSPARENCY, and INTEGRITY when dealing with the NYS Board of Elections or the Greene County Board of Elections and, regrettably, the Greene County Legislature is just as bad and it appears legislators are in the pockets of the BoE commissioners, Bogardus and Metzler or, the legislators are just plain stupid! The other possibility is that we are witnessing what is called propaganda — the dissemination of information, misinformation or disinformation — versions of facts, arguments, rumors, half-truths, or lies — to influence public opinion.

Given the situation described in the documentary evidence, it appears to be very clear that the Greene County Board of Elections dropped the ball and shot themselves in the foot! But to read their letter, you’d think everyone else was dumb as dirt! This is called misrepresentation and disinformation.

If we are to understand how citizens and officials interact in our local government, we need a clear understanding of the roles of our elected public officers and their appointees and administrators, and how they relate to each other. The “internal” relationship of elected public officers and administrators-the so-called political-administration issue-has an impact on, and is shaped by the external relationships of officials and citizens. That’s become disgustingly obvious in recent months, considering the elections issues and the response of our elected public officers, particularly the Greene County Legislature. Internally, elected officials should be in control of appointees and administrators. Furthermore, politicians should confine themselves to making policy, and administrators to implementing those of policies and delivering services. These two distinct roles are required by democratic process, on the one hand, and ensure administrative consistency, on the other. The internal linkages are essentially linear. In theory and as most people think, citizens choose and instruct the representatives who control the administrators, and administrators deliver services to citizens. Feedback is introduced as the impact of policies and satisfaction with services — or dissatisfaction — affects citizens’ lives and their demands made in the next interaction — or more likely, confrontation — with their elected so-called representatives. Both elected public officers and their appointees and administrators cooperate to insulate themselves against citizens and their demands. Thus, the relationships are characterized internally by dual roles and linearity and externally by insulation and indifference. The political–administrative clique is characterized by ignorance and arrogance; the political–citizen relationship is characterized by by aloofness and obscuration and on the other by uncertainty and frustration.

(See James H. Svara (1999) Politics-Administration/Officials-Citizens: Exploring Linkages in Community Governance, Administrative Theory & Praxis, 21:3, 309-324, DOI: 10.1080/10841806.1999.11643380)

The Greene County Legislature Was Very Well Informed of the Situation

The Greene County Legislature was well informed about the glaring irregularities and errors found in the voter registration rolls maintained by the New York State Board of Elections. In the Greene County Legislature’s County Services Committee meeting of January 9, 2024, the situation was discussed, but the majority of legislators didn’t give a rat’s tail for the facts. On February 12, 2024, the Executive Director of New York Citizens Audit (“NYCA“), upon invitation by the Greene County Legislature, gave a presentation in which she pointed out examples of some of the incredible errors. The legislators had the opportunity on April 8, 2024, to pass a resolution to go to the New York State Board of Elections asking for an audit of their voter registration database but the legislature refused to pass the resolution, or even to table it for consideration of amendments. They simply voted it down. So much for our legislators’ concern for the integrity of our elections!

Despite the plausibility of the problems and the outrageous examples taken directly from the extract of the dbase showing Greene County voter registrations, the Greene County Legislature refused to take any action whatsoever.[2]

The Greene County Legislature Didn’t Even Bother to Write a Resolution!

One point we feel needs to be made regarding the Greene County Legislature’s handling of the resolution. Not only did they refuse to stand up for our rights they didn’t even write a resolution. In fact, they actually took the resolution passed by the Town of New Baltimore, changed Town of New Baltimore to County of Greene, New Baltimore Town Board, to Green County Legislature, and added a paragraph at the end. We provide a marked up resolution showing what was deleted (~~red strikethrough~~) and what was added (blue underscore). What an embarrassment! See the marked up resolution here.

The response of the New York State Board of Elections is analyzed in our recent article Board of Elections: Misinformation & Failure. Legislators not much better (April 30, 2024). The response of the Greene County Board of Elections is briefly discussed above. Both can be read in their entirety in the documents produced in response to our F.O.I.L. demand

Also included in that document set are the letters sent by the New York State Board of Elections to various organizations including the New York State Sheriffs Association (“NYSSA”), the District Attorneys Association of New York State (“DAANYS”), and the New York State Association of Counties (“NYSAC”).[3] We’ve trashed those letters for the rubbish that they are and have notified the respective organizations of the misrepresentation and disinformation the New York State Board of Elections was disseminating regarding the New York Citizens Audit (“NYCA”) group.

Now you have much of the information you need to move on to the discussion of why the New York State Board of Elections, the Greene County Board of Elections, their commissioners, directors, and staff, and the Greene County Legislature are all complicit and accessories in what we feel can reasonably be considered to be acts of domestic terrorism.

Critical National Security Infrastructure?

On January 6, 2017, Department of Homeland Security (DHS) Secretary Jeh Johnson designated U.S. election systems as part of the nation’s critical infrastructure, a decision that was later affirmed by current DHS Secretary John Kelly. Since the designation was announced, state and local election officials across the country have raised questions about the day-to-day impact of the designation and how it will affect their performance and their obligations to assure the integrity of voter registrations and elections, which directly affect whether our elections are honest, accessible, accurate and secure.

American citizens who are entitled to register to vote have the right to know that the systems in place for elections is subjected to rigid and stringent quality assurance measures, and that the appointees serving as custodians of voter registration data are held accountable.

What is critical infrastructure?

Critical infrastructure is a DHS designation established by the Patriot Act and applied to “systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.”

One critical infrastructure sector, Government Facilities, has three sub-sectors, Elections, National Monuments and Icons, and Education Facilities.

So, our elections and services and processes associated with our elections are critical infrastructure. There’s no arguing about that.

The available evidence shows at least 4 situations:

The voter registration rolls and the dbase maintained by the New York State Board of Elections based upon the information provided by county boards of election such as the Greene County Board of Elections, is compromised;
The commissioners, directors, and staff of the boards of election are incompetent, irresponsible, and criminally negligent in their duties and responsibilities to citizens and voters, in that they are either unaware of or indifferent to the evidence or suggestion of serious errors in the voter registration dbase used in our elections;
State and county legislatures are criminally negligent in that they wantonly pass legislation facilitating voting without due diligence and concern for the quality of voter registrations, which are key and essential to the integrity of elections;
Given the fact that elections have been determined to be infrastructure critical to our national security, and given the fact that the boards of election and county legislatures and legislators have been made aware of the plausible irregularities in the voter registration rolls but refuse to acknowledge that fact they knowingly do violence to that critical infrastructure and violate citizens’ rights.

As we will show in the following, everything in the above paragraph reasonably constitutes acts of domestic terrorism as defined by key law enforcement agencies.

What is Violence? Violation as Violence.

Please bear in mind that “violence” does not have to involve physical harm and can involve harm to rights or even psychological harm. Many political and social scientists agree on two types of violence: one that involves violent physical harm and usually understood when the term “violence” is used. The second type is violence that does not cause physical harm but may cause psychological harm or harm to a person’s or group’s rights or dignity. This is frequently referred to as “violation,” and is called “violative” harm. Be not mistaken, both are forms of violence.

We now have defined and explained what we mean by violence, and hat one form of violence is referred to as violation. This is explained in more detail below.

Structural violence[4]

Structural violence refers to the physical and psychological harms that result from exploitative and unjust social, political and economic systems. These harms are not physical, so we can call them violations. The apartheid system, based on racial discrimination in South Africa, is a classic case of structural violence in which the state set in place unjust laws and systems which disempowered, marginalized and disenfranchised the majority population. Structural violence is often highly pervasive because of its invisibility: it tends to be embedded in social, cultural, political structures, and frequently is assumed to be normalized by stable institutions and regular experience. Consequently, structural inequities usually seem ordinary.[5]

We can identify many of the effects of structural violence if we look at the political turmoil since the 2019 elections. The polarized media like Fox or MSNBC and CNN have synergized with structural failures to erode voter confidence in the electoral system. As we watch as law enforcement and the courts are weaponized against citizens and politicians, Americans lose faith in their democratic of government and their Constitution. The failures of the structure violate Americans’ rights and privileges; they are therefore acts of violence.

Terrorism

Terrorism is a controversial and slippery term with multiple definitions, most often misapplied, but one of which relates to use of, or threat of, violence or violation against civilians and the state, or symbols thereof, in order to create fear and achieve political, economic, religious or ideological goals.[6] More on this subject below.

The prevention of violence or violation is the most important outcome of focusing on violence/violation and defining it clearly in order to more precisely understand its scale, forms and causes and to enhance interventions to prevent its occurrence or to minimize its effects.

The types of preventive interventions that apply to voting and elections are listed below. We’ll define each of these briefly, in the endnotes below.[7]

Primary Prevention[8]
Secondary prevention[9]
Tertiary prevention[10]
Universal interventions[11]
Selective (or targeted) interventions[12]
Indicated interventions[13]

The persistent proliferation of political violence should not come as a surprise, given that violence is, and has always been, the essence of politics. We have evolved out of the primitive of promiscuous violence by having created a political society under the governance of a centralized elected, appointed, or professional bureaucratic authority which, paraphrasing political scientist Max Weber’s famous dictum on the state, claims a monopoly over the legitimate use of violence. The vast majority of political scientists view collective violence/violation as integral to political life.

So, what should you understand when you hear the word violence?

As always the best place to start is by looking at the origins of the term “violence.” The word ‘violence’ is derived from the Latin violentia, meaning ‘vehemence’, a passionate and unbridled power or force. But because acts of excessive power or force frequently result in the violation of norms, rights, or rules, the meaning of violence is often used with the meaning of ‘violation’, from the Latin violare, meaning to infringe upon, or infringement.[14]

In fact, while acts of physical force often entail some form of violation, there are times when a violation occurs without the need of any physical force,[15] or, alternatively, acts of physical force may take place without anything or anyone actually being violated.[16]

One of the earliest and most authoritative representatives of defining the differentiation between power or authority and violence or violation was John Dewey,[17] who argues that violence is force, power, or authority gone wrong, or, put another way, force, power, or authority that is destructive or harmful: it becomes violence or violation when it defeats or frustrates its good moral or ethical purposes instead of promoting or realizing it.[18] For example, when a dynamite charge blows up human beings instead of rocks, when its outcome is waste instead of production, destruction instead of construction, we don’t call it energy, power, or authority we call it violence or violation.

Violence as Violation

Quite apart from its common identification with physical force, violence can also be conceptualized in terms of the verb ‘to violate’, meaning to infringe, or transgress, or to exceed some limit or norm. Newton Garver,[19] goes as far as to suggest that the idea of violence is much more closely connected with the idea of violation than it is with the idea of force.[20] Following Garver, many contemporary theorists of violence have converged on the idea of defining violence in terms of a violation. The most popular answer to the question ‘violation of what?’ is ‘violation of rights.’[21]

I identify three distinct rights that are being adversely affected by an act of violative violence.

Violation of personal rights, or those rights essential to personality.[22] There are two kinds: referring to either the body or the dignity of the person;
Violation of the right to ourselves, broadly defined, endorses the notion of self-ownership;
Violation of human rights, widely defined to include any obstacle or impediment to the fulfillment of a basic need, and defines violence as ‘any avoidable action that constitutes a violation of a human right, in its widest meaning, or which prevents the fulfillment of a basic human need.’

Apart from the violation of our basic rights, such as the right to life, to personal security and to liberty, violence is understood to include also the violation of our socioeconomic rights.[23]

Living under a social contract, situations and relationships have norms that establish boundaries to the relations of self and other, and, in compliance with those norms, we live and behave without perceived violation. The violative act disturbs that scenario; it transforms those within the scenario into perpetrators, victims, or witnesses. The boundaries of self and other are no longer clear or effectively negotiated reciprocity for mutual benefit; they are being violated.

In order to be considered, such violation must be experienced by someone. Or as the common saying goes, ” No victim, no crime.” To experience an event as violent means to experience it as violating certain terms of contract or boundaries. What is perceived to be such a violation depends in part on the present recognition of the claim or obligation to respect those boundaries, but once a violation is perceived, the event is perceived as violent. The awareness of the violation or violence may be a retrospective awareness; the victim may not have been aware of the violation at the time of its occurrence.

As I mentioned above, the most pervasive and destructive form of violence is structural or institutional violence. Galtung distinguishes between ‘direct violence’, where the instigator of an act of violence can be traced to a person or persons, and ‘structural violence’, where there may not be any person who directly harms another person, but there is a violation nonetheless. In structural violence the violence is built into the structure, the system, the institution, or the organization, and shows up as a power imbalance and consequently as unequal chance or opportunity. As Galtung reminds us, structural violence is more deadly and destructive than direct violence.

We should be cautious against using the emotively loaded word ‘violence’ when the grievance can be better described and treated under another name, for example ‘injustice’: ‘misnaming the disease can lead to the use of the wrong medicine – or none at all’. Platt (1992) makes a similar point, and puts forward the counter-argument that ‘both the outlaw and the maintainer of an unjust status quo are capable of great moral wrongs, and we should not let this point be obscured by reserving the strongest condemnatory language for only one of them’. [24]

Domestic Terrorism.

Domestic terrorism: Violent, criminal acts committed by individuals and/or groups to further ideological goals stemming from domestic influences, such as those of a political, religious, social, racial, or environmental nature.[25]

The FBI’s working definition of domestic terrorism is referenced in US Code at 18 U.S.C. § 2331(5), and is defined as activities:[26]

Involving acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
Appearing to be intended to: o Intimidate or coerce a civilian population;
- Influence the policy of government by intimidation or coercion; or
- Affect the conduct of a government by mass destruction, assassination or kidnapping; and
Occurring primarily within the territorial jurisdiction of the United States.

Violence can be defined as ‘the maltreating, physically or psychologically, by injury, attack, or inappropriate use of persons, property, or technology, when engaged with manifest purpose, or when especially incendiary or malicious in its method, mode, or effects.’

Every manifestation of violence should be analyzed as to its consequences should it go unchecked, so that laws may be designed to control excessive and dangerous violence. Thirty reference notes are listed.

The term “violence” is frequently understood to be synonymous with “physical force,” and the two are often used interchangeably but violence does not have to be physical and does not have to involve force; it does have to involve an imbalance of power, however, and in such a case violence is referred to as violation.

Conclusions

I have shown that elections are acknowledged by federal law enforcement agencies as critical infrastructure of our national security.

I have shown clearly that the term violence is closely associated with violation and the two are frequently mutually inclusive, although in some instances they should be distinguished for clarity sake.

The working definitions of federal law enforcement and security agencies incorporate the term “violence” in their definitions of domestic terrorism. The language of the definition is clear and apparently purposefully ambiguous, in order to allow interpretation both in enforcement and adjudication.

The acts are described as “dangerous to human life;” Dangerous means to put something at risk or in harm’s way. Human life is a very broad expression and I would suggest that it means all important aspects of human life, including health, happiness, psychological wellbeing, social security and groundedness. Finally, the acts are “a violation of the criminal laws of the United States or of any State.” That is a legal question for the courts but it is clear that where there is evidence of malfeasance, there is likely criminal activity.

I would therefore conclude that negligence, interference with government administration, misinformation or misrepresentation, abuse or misuse of office, election fraud, interference, or accessoryship or complicity in any of these does put the lives of Americans at risk or endangers their psychological wellbeing. Such conduct violates or does violence to federal and state laws.

Count One is satisfied.

The acts must “appear” to be “intended to intimidate or coerce a civilian population.” Intimidate is defined as “knowingly compels or induces another to do an act which the latter has a legal privilege not to do or to refrain from doing an act which the latter has a legal privilege to do” and “coerce” means to “compel or induce a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he or she has a legal right to engage, and when he or she thereby compels or induces the victim to” act in a certain way. Acting under the color of law and authority, the boards of election have great power, and power intimidates, use, abuse, or misuse of such power easily coerces the citizen to act in a predictable manner.

Count Two is satisfied.

A second condition is that the acts “[i]nfluence the policy of government by intimidation or coercion.” It is clear that the boards of election have attempted to intimidate or to coerce agencies of government to engage in certain behaviors, conduct, or establish certain policies. There is no doubt that this is currently a problem that is attributed to the boards of election and to the Greene County Legislature.

The third condition introduced by “or”, is not applicable but doesn’t have to be met, since it’s an alternative.

Count Three is satisfied.

There’s certainly no question or doubt that the acts are “[o]ccurring primarily within the territorial jurisdiction of the United States.”

Count Four is satisfied.

The only conclusion that can be drawn from the facts and from these explanations is that the New York State Board of Elections, the Greene County Board of Elections, their commissioners, directors, staff, and the Greene County Legislature and sitting legislators have engaged in acts of domestic terrorism, by failing to assure the integrity, accuracy, reliability, and quality of the voter registrations processed by them which in turn provide the raw data for the NYSVoters database, which is the principal collection of voter registrations in New York state and in the custodianship of the New York State Board of Elections.

WHEREAS, both the New York State Board of Elections and the Greene County Board of Elections, their commissioners, directors, and staff have knowingly and willfully concealed critical voter registration anomalies, denied critical voter registration anomalies, have avoided undertaking any level of preventive measures, and have refused to respond to citizens’ good faith inquiries and requests for credible explanations. Even more egregiously, the New York State Board of Elections has undertaken a campaign of misinformation and disinformation regarding a citizens action group, the New York Citizens Audit (“NYCA”) and has defamed the group, its work, and its representations to leading law enforcement and legislative organizations and bodies;

WHEREAS, the aforegoing is included here as if recited in its entirety, the Greene County Board of Elections, despite having received plausible information and data to the contrary, has participated in the defamations of the New York State Board of Elections, and has disseminated disinformation and misinformation to government bodies, such as the Greene County Legislature, and has explicitly discouraged the Greene County Legislature from advancing citizens’ demands for investigative, corrective, and remedial and preventive actions to ensure the quality of voter registrations;

WHEREAS, the aforegoing is included here as if recited in its entirety, the Greene County Legislature, apparently putting the cart before the horse, the appointees before the people, has acquiesced to the unsubstantiated and fatuous representations of the Greene County Board of Elections, its commissioners, directors, and staff, and has refused to acknowledge the express will of the people and to demand a reasonable investigation by audit of New York state voter rolls maintained by the New York State Board of Elections using voter registration data received from the county boards of elections;

WHEREAS, the aforegoing is included here as if recited in its entirety, the New York State Board of Elections and the Greene County Board of Elections, their commissioners, directors, and staff have by their commissions or omissions compromised a critical infrastructure component of national security, to wit, elections, and the Greene County Legislature has, by their refusal to take action to inaugurate measures aimed at assuring the integrity of voter registration rolls, voter registrations, voting, and elections, is complicit in and accessory to the fact of compromise of critical infrastructure of national security and domestic tranquility, to wit, elections.

WHEREAS, the aforegoing is included here as if recited in its entirety, the above claims, if upon investigation are shown to be true and factual, constitute interference or obstruction of government administration by the New York State Board of Elections the Greene County Board of Elections, their commissioners, directors, and staff, and the cooperation of the Greene County Legislature and its sitting legislators, by their refusal to rein in their appointees, the Greene County Board of Elections, and to urge the New York State Board of Elections to undertake reasonable measures aimed at assuring the integrity of voter registration rolls, voter registrations, voting, and elections, is complicit in and accessory to the fact of interference or obstruction of government administration, to wit, elections;

WHEREAS, the aforegoing is included here as if recited in its entirety, the general misconduct of the commissioners, directors, and staff of the New York State Board of Elections and the Greene County Board of Elections, and the indifference and inept conduct of the people’s business by the sitting legislators of the Greene County Legislature, as elected public officers, said sitting legislators of the Greene County Legislature constitutes a glaring violation of their oaths of office as well as a general public embarrassment, eroding the public’s confidence in government and elections and further harming the integrity of the electoral process;

WHEREAS, the aforegoing is included here as if recited in its entirety, the acts of the New York State Board of Elections and the Greene County Board of Elections, their commissioners, directors, and staff, and the Greene County Legislature and its sitting legislators, constitute acts of domestic terrorism per definitionem and ratio legis, and

WHEREFORE, the District Attorney of the County of Greene is importuned to proceed with investigating the Greene County Board of Elections and to request the Office of the New York State Attorney General to commence investigations into the operations of the New York State Board of Elections, and, further, in cooperation and coordination with the County Attorney of the County of Greene, to make inquiry and investigation into the conduct of the Greene County Legislature and its individual legislators in the matter of representing the interests of the people of Greene County in the matter of assuring the integrity of voter registrations and of elections in Greene County.

Notes:

[1] Two troubling examples are: S5984-A/A 6132-A, establishes a so-called “golden day” that allows voters to register to vote and cast their ballot during a single trip on the first day of early voting; S7394-A/A 7632-A allows any voter to cast an early vote by mail without having to provide justification. With regard to the latter, several groups have filed lawsuits to block the “no excuse required” provision, and limit voting by mail only to voters qualifying for an absentee ballot.

[2] In fact, a Greene County resident provided a well-written draft proposed resolution to the chairman of the Greene County Legislature, Mr Patrick “Pat” Linger, but Mr Linger, rather than show appreciation or gratitude, wrote back to the resident and referred to the draft proposed resolution as “blather.” Judge for yourself whether the draft proposed resolution is blather; read the resolution here.

[3] That’s the NYSAC Greene County Legislators refer to in their discussion following the defeat of the resolution that would have requested the New York State Board of Elections to do an audit of their voter registration rolls. See our article, Board of Elections: Misinformation & Failure. Legislators not much better (April 30, 2024),

[4] Our reference here is Rutherford, Alison, Anthony B Zwi, Natalie J Grove, and Alexander Butchart. 2007. “Violence: A Glossary.” Journal of Epidemiology and Community Health 61 (8): 676–80.

[5] Winter DuNann D, Leighton D. Structural violence: introduction. In: Christie DJ, Wagner RV, Winter DuNann D, eds. Peace, conflict and violence:peace psychology for the 21st century. New Jersey: Prentice Hall, 2001:99.

[6] See, Rutherford p. 679

[7] See, Winter DuNann D, Leighton D. Structural violence: introduction. In: Christie DJ, Wagner RV, Winter DuNann D, eds. Peace, conflict and violence:peace psychology for the 21st century. New Jersey: Prentice Hall, 2001:99.

[8] Primary prevention is unattractive to politicians because upstream preventive activities are not visible unless they are linked with a service provided. Politicians and their appointees like visibility, flashy shiny things but primary prevention nips things in the bud, so there’s not much opportunity for show. Obviously the BoEs and the legislatures have completely sidestepped primary prevention, totally.

Failure of primary prevention creates tensions, increases anxiety and uncertainty, raises sticky questions.

[9] Secondary prevention is deployed in order to minimize the damage or harm done once a violent/violative incident has occurred. It focuses on immediate responses, such as servicing a voting machine, correcting errors in voter registration forms, promptly and correctly entering change data when received, etc. Secondary prevention also includes interventions and activities in high risk situations.

[10] The goal of tertiary prevention is to identify, diagnose, and rehabilitate broken systems and any victims, and identify and prosecute perpetrators. Tertiary approaches focus on long-term actions in the wake of violence/violation, such as repair, rehabilitation and reassure, and attempts to reduce tensions or reduce the long-term adverse effects associated with violence or violation.

[11] Universal interventions to addressing violence/violation are aimed at the general population, or groups within it (e.g. voters, a certain gender, or a particular age group) more overarching, wide ranging, and do not address a specific risk.

[12] Selective interventions focus on those situations identified to be at heightened risk of violence/violation. Early intervention programs or education programs focusing on low-income families, veterans, senior citizens.

[13] Indicated interventions focus on high-risk situations or groups that have foreseeable or predictable problems, such as perpetrators of fraud or intimidation.

[14] Bufacchi, Vittorio. 2005. “Two Concepts of Violence.” Political Studies Review 3 (2): 193–204, at p. 194.

[15] The case of the voter registration rolls is such a case.

[16] An example of the latter case would be, say, surgery.

[17] John Dewey was an American philosopher, psychologist, and educational reformer. He was one of the most prominent American scholars in the first half of the twentieth century. The overriding theme of Dewey’s works was his profound belief in democracy, be it in politics, education, or communication and journalism.

[18] The example illustrating this would be, when a dynamite charge blows up human beings instead of rocks, when its outcome is waste instead of production, destruction instead of construction, we don’t call it energy, power, or authority we call it violence or violation.

[19] Newton Garver (April 24, 1928 – February 8, 2014) for 34 years a distinguished, well-known and respected professor in the UB Department of Philosophy. Garver was a philosopher of language whose research and writing notably spoke to the work of Wittgenstein, as well as Derrida, Kant, Frege, Husserl and other philosophers. His subject matter included epistemology, as well as non-violence, politics and speaking truth to power.

[20] In 1973 Garver revised and expanded his original article ‘What Violence Is’ first published in 1968.

See Garver (1968, 1973). See, Garver, N. (1973) ‘What Violence Is’, in A. K. Bierman and J. A. Gould (eds), Philosophy for a New

Generation. Second edition. New York: Macmillan, pp. 256–66.

[21] see Waldenfels, B. (2000) ‘Aporien der Gewalt’, in M. Debag, A. Kapust and B. Waldenfels (eds), Gewalt: Strukturen, Formen, Repräsentationen. München: W. Fink, pp. 9–24. Waldenfels, B. (2005) ‘Violence as Violation’ in F. O’Murchadha (ed.), Understanding Violence: Philosophical Approaches to an Ubiquitous Phenomenon. London: Pluto, forthcoming.).

[22] Garver (Garver, N. (1973) ‘What Violence Is’, in A. K. Bierman and J. A. Gould (eds), Philosophy for a New Generation. Second edition. New York: Macmillan, pp. 256–66

[23] Salmi, J. (1993) Violence and Democratic Society. London: Zed Books. p. 17

[24] Audi, R. (1974) ‘Violence, Legal Sanctions, and Law Enforcement’, in S. M. Stanage (ed.), Reason and Violence: Philosophical Investigations. Oxford: Blackwell, pp. 29–50; Lee, S. (1999) ‘Is Poverty Violence?’, in D. Curtin and R. Litke (eds), Institutional Violence. Amsterdam: Rodopi, pp. 5–12.

[25] FBI, What we investigate.Terrorism, last accessed on May 1, 2024.

[26] Federal Bureau of Investigation, Department of Homeland Security, Strategic Intelligence Assessment and Data on Domestic Terrorism, last accessed on May 1, 2024.

Domestic Terrorism? Board of Elections & Voter Registration Irregularities. Conclusions

03 May

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In our recent article Board of Elections: Misinformation & Failure. Legislators not much better (April 30, 2024), we suggested that NYS Board of Elections, Kristen Zebrowski-Stavisky and Raymond J. Riley III, co-executive directors at the New York State Board of Elections, Brent Bogardus and Marie Metzler, elections commissioners at the Greene County Board of Elections, if they are “publishing a false and misleading statements that they know to be untrue,” a fact that appears to be undeniably true, “they should be prosecuted for undermining the infrastructure of national security, an act of domestic terrorism!” We would include with those perps members of the Greene County Legislature, who refused to pass a resolution asking for an audit of voter registration rolls.

In our previous article, we did not explain our reasoning and logic when making that statement but we will make that clear in this article.

We have drawn the following conclusions from our extensive study of the documents and the concepts applicable to the case:

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Posted by Principal Editor on May 3, 2024 in Smalbany

Board of Elections: Misinformation & Failure. Legislators not much better.

30 Apr

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In recent decades we have experienced a sea change in what we once called America and American. Every traditional institution has been torn down, we no longer have the foundations of family or tradition; anxiety, frustration, anger are everywhere. Global pandemics, real or conspiracy driven, have enabled government to erode civil and constitutional rights; the so-called emergency powers and measures are slowly being made permanent. One of those emergency measures adopted in 2019 was voting by mail, at the time we were told it was only temporary, now it is New York law! It may be convenient but it creates nightmarish problems and it’s going to add a lot more to the election services bill.

Cities like New York City have attempted to hand non-citizens the vote but luckily, what’s left of the American judicial system struck down another “local measure” that would set a precedent and open the flood gates to giving non-citizens to vote even outside local NYC elections! If you’re awake, you can read the writing on the wall.

Law enforcement and the courts have been weaponized, and work against citizens and their cherished rights. Elected public officers regularly abuse their offices and corruption is rampant, riding roughshod everywhere from the local village to the highest offices in Washington.

Citizens, particularly working class, veterans, and the elderly now are second to illegal aliens.

We used to think that we had a voice in everything that goes on in our government but that appears to have changed, too. Changes in the methods and modes of participating in the once democratic process through a representative democracy by and through the vote is now in jeopardy. Voter registrations are contaminated, polluted, inaccurate, and unreliable, and the so-called custodians of those records so essential to our national security and domestic tranquility, are inept, incompetent, defensive, and, well, pardon my French, stupid. On top of all that, they’re arrogant and ignorant.

The problem lies in the fact that a similar bunch, the legislators we elect are beholden to the boards of election because the boards of election run the elections that put those characters in office! The clowns that run the boards of election are recommended to the legislatures by the political party committees, and the legislatures appoint the commissioners of the boards of election. You’d almost say there was a conflict of interest here. Who’s checking whom? The fox appears to be guarding the henhouse!

This article is about a grassroots citizens voting and election advocacy group, New York Citizens Audit (“NYCA”) and their efforts to draw attention to the need to “open the books,” “to balance the checkbook,” to audit the New York State voter registration rolls, and clean them up. It’s also about the lies, defamations, ambushes, and foul play they’re being subjected to by the New York State Board of Elections and even county boards of election, like the Greene County Board of Election, and how the county legislatures, like the Greene County Legislature, is playing ball with the boards of election at the expense of citizens and voters.

We, as Americans, have hit bottom; we’ve reached an historic low, when we allow our public servants to misinform, slander, defame, offend, and discredit the good faith efforts of volunteer organizations like New York Citizens Audit, good courageous patriots who spend their precious time and hard earned bucks to stand up for the rights of those standing around playing pocket pool or with their thumbs up their arses. Smalbany stands behind such groups and will never allow the scoundrels and special interests succeed in demoralizing or discrediting good honest efforts to prevent the disenfranchisement of America.

Let this article stand as a warning to the appointees and to the elected public officials we cite in this article, we are watching!

In letters with identical wording sent to the executive director of the New York State Sheriffs Association (NYSSA), Peter Kehoe, the executive Director of the District Attorneys Association of New York State (DAANYS), John J. Flynn, and to Stephen J. Acquario, executive director of the New York State Association of Counties (NYSAC), the New York State Board of Elections (NYS BoE) co-executive directors Kristen Zebrowski-Stavisky (“Stavisky”) and Raymond J. Riley III (“Riley”) unfairly and wantonly characterize the grassroots voter rights advocacy group New York Citizens Audit (“NYCA”) as “a group of misinformed individuals” who allege that “countless fake voters” are or have been “inserted into the [voter] registration database … in order to create invalid votes” and “to sway elections.”

In that same November 28, 2024, letter the NYS BoE, through Stavisky and Riley, further misinform their unwitting — and perhaps unwilling — audience contending that NYCA “claim that no elections should be certified in New York State,” that there are numerous “counterfeit registrations,” and illegal “actions by those who run elections.”

As if that weren’t enough drama, NYS BoE deceitfully maintain that the claims they say NYCA are making are “fabricated claims,” “embellished and misleading,” “ill-informed reports,” and “misinterpreted passages of state and federal law.” None of this proves to be valid, and is a fabrication of NYS BoE.

NYS BoE falsely conclude that NYCA is claiming that the “2020 and 2022 elections were fraudulent.” NYCA does not make that claim anywhere.

NYS BoE, through co-executive directors Zebrowski-Stavisky and Riley, misinform the directors of the NYS Association of Counties, District Attorneys Association of New York State, and the New York State Sheriffs Association that “claims made by the [NYAC] organization are false” and accuse NYAC of “ignorance of voter registration process” and “willful disregard of basic fact” but NYS BoE doesn’t mention which facts. Such a sweeping accusation cannot be afforded any credibility.

It seems that the only fabrications and embellishments, and false claims were made by Stavisky and Riley of the NYS BoE, and further spread by county boards of election like the Greene County Board of Election and its commissioners, Brent Bogardus (Rep) and Marie Metzler (Dem).

The New Yorks State Board of Elections (” NYS BoE“) and the county boards have their backs up against the wall; they’re forced into a corner by honest citizens asking really important questions, and demanding some incriminating answers, and all the NYS BoE can come up with is name-calling, abuse, and insults!

With such a record for disinformation and ignorance, and given the drama and wild statements, it comes as no surprise that the NYS BoE felt the need for additional fact-checking – so the NYS BoE — like any middle-schooler desperate for support — goes to the Internet; after all, where else to the ignorant and unsophisticated go for their fact[oid]s? So, NYS BoE was fact-starved and had to get some support somewhere, so they turned to a political website, a site called Politifact, and refers to a single phrase taken out of context, for fact-checking. Pretty silly but that’s what they did.

So, since NYCA made so many “malicious claims,” the NYS BoE had to find some “explanations to many of the claims,” and since they don’t have any of their own, they ask Politifact to provide them with some. Bad move, NYS BoE! You need to get some new co-executive directors and send Staviski and Riley to China.

What we find most hilarious is the fact that NYS BoE through Staviski and Riley actually write that “no one has seen the actual data used by this group.” But that shouldn’t come as a surprise, as you’ll find out below. Spoiler: NYCA was using and is still using updated versions of the NYS BoE’s own voter registration database! Now why wouldn’t NYS BoE be aware of that, we have to wonder. For details, see below!

NYS BoE also claims that “the press has not seen the voter list used,” not that that means anything. Just another shot in the dark. Why would that be important under the circumstances, anyway. No matter, given everything else these drama queens Stawiski and Riley have concocted, why not throw that in, too?

So, now, they claim “misunderstandings of data” based on the of the fact-checking website Politifact, that issued a “ruling” of “false” against one of the NYCA‘s alleged claims. “Ruling?” Don’t courts hand down rulings?

Please don’t misunderstand. We are not dignifying Politifact by mentioning them here; we are just pointing out how desperate the NYS BoE is getting in trying to discredit Truth and Honesty, two qualities that are glaringly absent at NYS BoE and their county boards.

For those of you who like a bit of weird humor and need a laugh, we include a link below to the Politifact conclusions Stawiski and Riley include as an attachment to their letters. We apologize, but we are not going to waste any more time or effort discussion such rubbish here, and so we’ll move on.

Anyone who finds an irregularity or picks up on something inconvenient for the boards of elections get labeled “election deniers” and are accused of “efforts to spread mis- and disinformation” and having the “the intended goal of confusing voters” and “eroding their trust in our democratic processes.” Actually, the NYS BoE, their co-executive directors, and their local county boards don’t need much help doing that on their own.

One statement that really got our dander up is when Staviski and Riley write that “trust is further eroded with each local legislature that signs onto a resolution.” How dare they trespass into our legislatures and imply that legislators make their decisions, deliberate resolutions, vote and pass resolutions “not based on fact” and potentially disseminate “election mis- and disinformation.” NYS BoE is abusing, insulting, and attacking the elected public officers who appoint their lousy commissioners to the county boards. NYS BoE’s arrogance and ignorance is mind-boggling … and offensive!

Well, if our legislators were to sign on to a resolution not based on fact or refuse to sign on to a resolution that is based on fact, either of those situations would put them in the same boat as the NYS BoE and Staviski and Riley, the letter writing brainless. They’d also be eligible for admission to an institution for the criminally stupid.

Since we’re discussing data, statistics, and numbers, we found the number of negative words and phrases used in the NYS BoE letter so unusual and even overwhelming, we decided to count the negatives in relation to the rest of the words in the letter. We found that the body of the letter contains 495 words. Of those 495 words a total of 203 were negative or part of a negative phrase. That means that 41% or nearly half of the letter is negative. If the negatives were based on fact they would at least have some purpose or meaning but they are not factual, they are thoroughly histrionic and pure drama. What a waste of time and energy paid for by taxpayers.

Kristen Zebrowski-Stavisky and Raymond J. Riley III, the authors of the NYS BoE letters, are co-executive directors at the New York State Board of Elections (NYS BoE).

The NYS BoE letter to County Boards of Elections, Commissioners, Directors, and Staff

Earlier, Staviski fired off a similar letter, this time sent to the County Board of Elections Commissioners, directors, and staff, NYS BoE co-executive director Kristen Zebrowski-Stavisky, continues the defamatory and childish mud-slinging. Again we have extracted some of her ingenious phraseology as illustrations of what we accurately diagnose to be criminal stupidity: total words in the letter = 266, of which 111 are negative. Again we get a letter that matches almost identically to the one described above! Well, at least the stupidity is reasonably consistent. Is that a plus? What we’re asking is whether being consistently stupid is actually a good thing?

Here we go! Again. NYS BoE, through co-exec director Kristen Zebrowski-Stavisky, says that NYCA claims that New York State’s voter registration database contains unidentified or “cloned” voters that are casting ballots in elections,” and that “these claims are unequivocally false,” spreading misinformation.

Now speaking to the NYS BoE minions in the county boards of election, Stavisky says the NYCA claims are “baseless” — actually, there are no such claims — and that they “insult” the county boards’ “service to the people” and “undermine the extensive record keeping processes we know you follow…, protecting our democracy from bad actors,” that is, “those who create malicious claims to feed a false narrative predicated on a fictional analysis of voter data,” and that they need to “dispel this distortion of the truth” and the “the majority of false claims.”

Well, it seems that this might be a direct quote from some fascist propaganda manual, doesn’t it. It seems to us that NYS BoE is getting really hysterical and emotional about the suggestion that they might be doing something irregular, doesn’t it?

Here, too, NYS BoE and Staviski claim that “no one has seen the actual data used to create the false claims” but, as we pointed out above, and as NYCA has stated numerous times, the data they are using was provided by the NYS BoE in response to a request made under the provisions of the New York State Freedom of Information Law!

The statement “without seeing their ‘data’ “ is disingenuous at best, since, and again, the NYS BoE is intentionally misinforming their readers. The NYS BoE knows very well that the NYCA is using official voter roll data taken from the NYS BoEs own database, which was provided by the NYS BoE, a database that is comprised of the inputs from the county boards of election! So any questions that are being asked come from that data, as we point out below. Thus, NYS BoE, if you want to see the data being used, just check your own dbase.

If NYS BoE, Stawiski, Riley, Bogardus and Metzler (Greene Co. BoE) are not aware of the source of the data when it’s right under their noses they should be shamed; if they do know the source of the data and are publishing a false and misleading statement that they know to be untrue, they should be prosecuted for undermining the infrastructure of national security, an act of domestic terrorism!

The only “bad actors” in this sitcom are the clowns at NYS BoE and the county boards!

Stawiski makes a bizarre statement, “tn place of those explanations” – In place of what explanations? If NYS BoE and Stawiski claim in the preceding sentence that they are providing explanations and in the next sentence say that they are providing a list of facts “in place of those explanations,” what in hell are they saying? Well, they are referring to several pages of gibberish that we are struggling to understand.

They then go on to add “a list of facts regarding your list maintenance processes” – We’re also struggling to understand why the state Board of Elections would have to provide the county boards of elections, the elections commissioners, directors, and staff with such a list of such facts? Shouldn’t they already know them? If they don’t, maybe that’s one of the problems, don’t you think so?

NYS BoE says they need the county boards’ help to “cull the spread of misinformation” – Obviously, they need to start internally, first with the state Board of Elections by getting rid of a couple of incompetent co-executive directors, and then working on down through the county boards, the commissioners, directors, and finally the staff. Maybe then we’ll be able to “cull the spread of misinformation,” and only then.

The Greene County Board of Elections

The Greene County Board of Elections (GCBoE) is just as out of focus and clueless on the issues as the NYS BoE; that’s because the GCBoE doesn’t do any original, local thinking on their own and is playing per the NYS BoE script. GCBoE’s so-called explanations are just as empty because they’re the same as NYS BoE’s.

Point in fact: At the January 8 and the February 26, 2024, meetings of the County Services Committee (“CSC”) of the Greene County Legislature (“GCL”), in response to questions asked by the legislators, the GCBoE responds by referring to “state board correspondence,” meaning that he relies on the NYS BoE’s letters we discussed above, and so-called “explanations!”[1] Our illustrious Greene County legislators were soaking up every drop of the venom while deciding to vote down a resolution they had never seen and would only see more than 3 months later.

In fact, again on February 12, during the discussions following the NYCA presentation before that same committee, Bogardus launches into a diatribe, a tantrum almost quoting the statements in those letters![2] Republican commissioner Brent Bogardus constantly referred to the NYS BoEs correspondence, while Democratic commissioner Marie Metzler and her lackey deputy Schieren sat there shooting blanks in the dark. That all didn’t matter very much because Green County Legislators were engaging in verbal self-pleasuring and not hearing a word or making sense of anything going on, while they were kissing the arses of their appointees on the GCBoE, Bogardus and Metzler.

It’s all in the official minutes of the County Services Committee of the Greene County Legislature, particularly where the legislators are discussing whether to invite the NYCA to present their findings in the NYS BoE data to the Legislature. (See link below, CSC GLC 8Jan24 Minutes.)

Not much can be said about anything the GCBOE provided by way of information or explanation at the January 8, 2024, or the February 12, 2024, County Services Committee meeting at which NYCA executive director Marly Hornick presented the data from the NYS BoE’s own NYSVoters database, you know, the database NYS BoE knows nothing about.

Again, the GCBoE is desperately clinging to the sagging breasts, as if they hope to get something worth swallowing from a sterile nag. But all that the NYS BoE seems capable of doing is embarrassing themselves sending out inflammatory and defamatory but baseless and meaningless letters and so-called fact sheets, better described as factoid sheets, to every conceivable association representing law enforcement and county governments! And, while the GCBoE has no explanations or responsive answers, they continue to blindly follow the example of the NYS BoE by defending themselves with finger-pointing and name-calling but not offering a single answer or explanation that makes any sense at all!

Citizens and voters in Greene County cannot avoid asking themselves when their elected public officers in the Greene County Legislature are finally going to rein in their appointees on the Greene County Board of Elections?

The New York Citizens Audit Presentation on February 12, 2024

As we noted above, on February 12, 2024, the group the NYS BoE and GCBoE are spending so much time calling nasty names and disparaging, was invited by the Greene County Legislature to give presentation of their findings gathered using Guess what? the NYS BoE’s own dbase, the NYSVoters dbase. The presentation and the meeting were public and attended by the Greene County legislators and members of the public. (Please see the attendee list, if you are interested, in the official minutes of that meeting at the CSC GSL 12Feb24 Minutes link, below).[3]

Since the minutes are available to the public, we won’t delve into the actual presentation but we’d like to point out just a couple of things that discredit anything the NYS BoE or the GCBoE have said about NYCA. We are making some general points to show just how sneaky and dishonest our state and county elections officials are!

After all, they are recommended by their respective county political party committee but appointed by the elected public officers serving as legislators in the Greene County Legislature, aren’t they?

Right at the start of her presentation, Ms Hornick identifies the source of NYCA’s information and data: Ms Hornick states, “What I will show you is from the New York State Board of Elections database for Greene County.”[4] Remember how the NYS BoE claimed in their November 28, 2024, letter to the DA, Sheriffs, and Counties associations, “It should be noted that no one has seen the actual data used by this group.”[5] Yet, Ms Hornick actually identifies NYCA‘s source as the NYS BoE‘s own database!!! Is the NYS BoE saying they’ve never seen their own data! Big problem here and we’d like to have some explanation from the NYS BoE!

The NYS BoE consistently attempts to paint the NYCA as a malicious organization but Ms Hornick explains to the Legislature, “I want everyone to know that New York Citizens Audit has no horse in the race; we don’t represent any party; we don’t represent any candidate; and we have no connect, no stake in the outcome of any particular election.” Hornick then informs the Legislature why she’s there, “We’re concerned about the accuracy and compliance of our elections….”[6] and “[I]f the system is accurate then everyone can have confidence in the result.”[7] That’s pretty clear and its something we all should be interested in, isn’t it.

Hornick then quotes from several historical sources, from the Constitution, from federal law, which apparently goes a bit beyond the comprehension level of some of the legislators and they get a bit confused and lost, but to Hornick’s credit, it’s important to know some background, and she does provide and share it generously.

Hornick again states where her data on Greene County is coming from, “So, again, these are all registration records, this is raw data from the New York State Board of Elections pertaining to Greene County.” But the NYS BoE has never seen this data! Or so they say but we’re watching and listening; they’re getting caught in their lies.

Hornick actually apologizes for the data by saying, “I’m not saying that there’s not some kind of plausible explanation, but I think he people of the United States of America deserve an explanation line-by-line.” Hornick is referring to some very bizarre entries in the NYS BoE dbase that show an individual voting in 2012 but registering to vote in 2023; another one who voted in 2022 but registered in 2023. Note that these are examples being shown to Legislators directly from the NYS BoE dbase — the one no one has ever seen, according to the NYS BoE and the GCBoE

Hornick makes explicitly clear that she is merely pointing out irregularities in the dbase as illustrative examples but she makes no claims, interpretations, or accusations. She sticks to the black and white evidence and the facts.

Again, Hornick emphasizes, “I’m no trying to accuse anyone of anything. I have no idea why this happened, but this happened.”[8] Does this sound to you like someone malicious?

Again and again throughout the presentation, Hornick reminds Legislators that the data is coming from the NYS BoE voter dbase.

Quoting a United States Department of Justice publication on prosecution of election fraud, Hornic states, “…the DOJ calls that fraud, just to be honest That’s not me.” Hornick is not calling fraud as the NYS BoE misleadingly states; in fact, she’s actually denying she’s making any such statement! She further qualifies her source by saying, “…were not on social media right now talking about dirty voter rolls, we’re looking at what the Department of Justice…calls fraud.”

Rest assured, loyal readers, we have obtained a copy of the DOJ publication referred to by Hornick, and we have verified her statements.

Hornick goes to several other examples to show how crazy the NYS voter registration database is. She points out one record in the NYS BoE database that shows a registered voter who is 174 years old, born on January 1, 1850, who last voted in 2018, and whose registration is “inactive.”[9] Note that this voter is “inactive,” but it’s not a problem for this long-dead voter because, as Hornick explains, “If you go to the polls they [the 174 year-old] can vote … you bring them [the poll workers] an electric bill and they’ll give you a ballot.” It’s true. That’s the law.

Hornick points out another case. This time it’s a registered voter born on March 13, 105, 118 years old, and who voted in Greene County in the 2022 election. Mr Bogardus and Ms Metzler did not respond in anyway whatsoever to this data. — Now, remember, Hornick is presenting Greene County voter registration data from the NYS BoE dbase. — Nor our elections commissioners bat an eye to the case of an individual who, according to the voter database, was born on August 3, 2004, registered to vote on September 24, 2004, and last voted on November 2, 2004! Hornick goes on to point out numerous other such cases in the voter registration rolls kept by the NYS BoE and the GCBoE to Legislators and the GCBoE commissioners and their deputies present.

Hornick is very straightforward and makes no disparaging remarks and doesn’t accuse anyone. She just uses the NYS BoE’s and the GCBoEs own dbase, and asks questions about what anyone can plainly see! Urging the legislators to support NYCA’s call for an audit, she explains, “We’re not even saying we need a criminal investigation. We’re saying we need to open up the books, New York State needs to open up the books and find out how our system is broken. Where are the gaps, right? That’s what you do; that’s why you have audits.”[10]

In response to legislators’ questions, Hornick points out discrepancies and irregularities in the voter I.D. numbers assigned to individuals registering, and identification problems with mismatches, duplicated I.D. numbers, and different numbers identifying the same registration at the county and state levels. Complete confusion![11]

So far, Hornick has identified the source of the data — Greene County registrations from the NYS BoE voter registration dbase —at least three times but one legislator, Gregory Davis (Rep, Greenville) must have been asleep through the first half of the presentation because he wakes up and asks, “So this, this data you’re showing us, where does it come from?” Hornick replies, once AGAIN,

“We received it from the New York State Board of Elections pursuant to a Freedom of Information Law request. This is the New York State voter roll they gave us. This particular set of data was requested on July 3rd, of 2023. So, this is all, that’s the most recent copy that New York, actually, we have a more recent copy now, but we haven’t done analysis on it yet.”

So this is the data received from the New York State Board of Elections pursuant to a F.O.I.L., the New York state voter roll provided by the NYS BoE, the data the NYS BoE repeatedly says they have never seen and no one knows where the data is coming form.

In contrast with the statements made and the negative comments made by the NYS BoE about NYCA and how they are malicious, ill informed, etc. Hornick again states that NYCA is not calling foul or accusing anyone but points out so-called “deadwood,” a term used by the US DOJ,[12] and she cautiously explains,

“It doesn’t mean that anything necessarily happened, but they’re inherently suspicious because they don’t belong in the database; they’re not people who are eligible to vote at this time.”[13]

Remember the Internet fact-finding site, Politifact, we mentioned earlier. This is where we get into the attempted misinformation by the NYS BoE when they cite that so-called report by Politifact. The BoE thought that the Politifact website’s “ruling” was so important that the NYS BoE included it in their letters of November 28, 2023, apparently thinking that it would persuade their minions that their “facts” were borne out and proved by some online site reporter’s analysis. But they took the statement they analyzed out of context, to make their analysis work. This is what Politifact and the NYS BoE and GCBoE wanted readers to believe:

“The claim is startling: New York’s election results in 2022 might not be trustworthy because there were more votes than voters.

In a report on the 2022 election, New York Citizens Audit, a group of people who have cast doubt on election administration, claimed there were 35,312 more votes cast than there were voters who voted.

“Certification of New York’s 2022 general election appears to be a federal crime; a civil rights violation acting under color of law. Why?” the group wrote.”

So it’s “starling” — not really. It’s not startling because it’s expected based on the innumerable lies and false assertions made by the NYS BoE co-executive directors and used by the GCBoE. Here’s what Hornick actually says:

“We had a slight problem when we tried to reconcile the 2022 election because the number of votes counted, according to the New York State Board of Elections website, is different than the number of voters who voted according to the New York State voter roll database and so it looks like thirty-five thousand three hundred and twelve more votes were counted than voters who voted, and again, NYSVoter, under Federal Law, is the official record for the registration and participation of voters in the State of New York. It is a, a Federally protected document. … So, we need to look into that. … So, when you have a twelve percent error rate and you have a margin of victory less than that, the system was not capable of producing a trustworthy result. It just wasn’t, it, you, it’s not that there’s anything wrong, is that we don’t know, we just don’t know, we’re not certain. … So, we are way out of compliance and we are nowhere near an accuracy standard that is legally certifiable. Again, I don’t know if there’s an explanation for all seven hundred and forty-five thousand of those instances where a registration record that doesn’t comport with the law, casts a vote. I don’t know, but that’s an awful lot of investigations that did not take place before certification.”

Well, we may be misreading what the NYS BoE and the GCBoE are reading or what their fact-finding source is using, but looking at what Hornick actually said and comparing it to what the NYS BoE, the GCBoE, and Politifact are alleging NYAC is claiming, there’s quite a difference. Maybe NYS BoE co-executive directors and GCBoE commissioners, and the Politifact reporters should take a reading remedial class. What do you think?

What we found that really clobbered, smashed, and neutralized anything the NYS BoE or the GCBoE, or Politifact had to say is the fact that the Greene County District Attorney was sitting in the audience listening very closely to the GCBoE presentation and the DA, Mr Joseph Stanzione, not only complimented Hornick and NYCA for their work and efforts, but even contributed information on an actual Grand Jury investigation of real voter registration irregularities in Richmond County, NY (Staten Island), where the Grand Jury, after investigation, issued a 30-page report on their findings and actually made recommendations for improvements! Does it get better than that, people?!? The Greene County DA comes forward in support of the GCBoE with another county’s investigation supporting the suggestion that the system is broken.

Look, when you have a law enforcement professional, a DA, providing support for your case, and another DA and a Grand Jury comes up with an investigation supporting your case, while the New York State Board of Elections co-executive directors, and the Greene County Board of Elections commissioners call you liars, malicious, ill-informed, and dozens of other negatives, it kinda looks like the Board of Elections and their Internet source is not worth believing or trusting. We don’t want to say much more on that subject but to ask you whom you are going to believe? Will it be the name-callers who can’t come up with any believable answers or explanations or the investigating Grand Jury and the District Attorneys, professional law enforcement investigators.

We think we know your answer!

Rather than continue pointing out the misinformation and outright lies of the New York State Board of Elections and the Greene County Board of Elections, and the misinformation and spinning provided by their lackey so-called online fact-finder, Politifact, we are providing links to the actual documents we refer to. (See the links at the end of this article.) If you wish, you can read them for yourself. We’ve made out points so far, so there’s no need to belabor our facts.

The Greene County Legislature and the County Services Committee

Following the catastrophic failures of voting machines and the incompetent response of the Greene County Board of Elections to poll workers’ concerns and the problems experienced by voters at polling places in New Baltimore on November 7, 2024, concerned poll workers, citizens, and town officials called in the New York Citizens Audit to help them understand what the Board of Elections was unable or unwilling to do.

On December 6, 2023, shortly after the problems of November 7, New York Citizens Audit (NYCA) was invited to give a presentation on the voter rolls and irregularities in those rolls kept by the New York state and county boards of elections.

Spurred on by continuing interest and activity of constituents demanding answers, the New Baltimore representative in the Greene County Legislature and its current chairman, Mr Patrick “Pat” S Linger, met with legislators at the January 8, 2024, meeting of the County Services Committee of the Greene County Legislature, to discuss inviting the NYCA to give a presentation with a view of the Legislature drafting a resolution in favor of requesting the NYS BoE to edit their voter registration rolls.

We considered it important to follow this issue once we learned of the December NYCA presentation in New Baltimore, and Mr Linger’s positive response to the idea of a resolution and the benefits of an audit. New Baltimore Town Supervisor Jeffrey Ruso greeted the idea positively and pushed the New Baltimore Town Board to draft and pass external Resolution 53-2024 of February 26, 2024, requesting an audit of state voter rolls by the NYS BoE. Very commendable first step!

In addition, the on February 22, 2024, the Town of New Baltimore passed Resolution 40-2024 requesting the Greene County Board of Elections commissioners Bogardus (Rep) and Metzler (Dem) to attend a Town Board meeting at their convenience in order to receive and respond to citizens’ questions and concerns.

Obviously, some local elected officials were taking the information provided by NYCA seriously enough to pass resolutions addressing the concerns.

Note: By passing their Resolution 53-2024, New Baltimore joined some 70+ other communities in New York state, counties and municipalities, who passed similar resolutions in response to NYCA’s pleas for support.

The Greene County Board of Elections ignored the Town of New Baltimore’s requests until, after several follow-ups with the GCBoE, the BoE refused to meet with citizens and voters and, instead, attempted to get out of a face-to-face by dispatching a two-page letter, pretty much following the example of finger-pointing and name-calling used by their pals at the NYS BoE. This raised an angry response at the public meeting at which the board’s letter was read out by Town Supervisor Ruso.

The discussions at the January 8, 2024 meeting of the Greene County Legislature County Services Committee were an embarrassment, to say the least.[14]

The legislators comments revealed a disgraceful indifference to possible problems in the voter registration rolls and unquestioning support for their appointees on the Board of Elections, even when faced with an absence of explanation or facts, and the board of elections commissioners’ Bogardus’ and Metler’s inability to address the actual questions. They merely referred to the letters from the NYS BoE we discussed above, as if they were worth any consideration at all.

But it was the legislator’s comments that were really disappointing because they had already decided that they didn’t want to hear anything about the problems and they had already decided — at the County Services Committee meeting of January 8, 2024, even before the NYCA presentation or even having a draft resolution — they were simply not interested in passing a resolution asking for an audit. We found that to be incredibly irresponsible and ignorant.

It was legislator Patrick S. Linger, chairman of the Greene County Legislature, who urged the legislators to consider inviting the NYCA to give a presentation with the aim of drafting a resolution. That said, we cannot understand why a proper resolution was not drafted, and merely a copy of the New Baltimore resolution was placed before legislators for consideration. What’s even more dictatorial is the fact that there was almost no real discussion and the resolution was voted down without considering amending it, tabling it for further consideration, or any action whatsoever. That really cheated Greene County voters.

We’ll just reproduce some of the discussion here and refer you to the actual minutes of the January 8 meeting, if you are interested in the entire discussion. You can find the link below.

Mr Linger opened the discussion by saying that the Board of Election had phoned him asking him to cancel the appearance of the NYCA group but continued by addressing the Greene County BoE commissioners directly,

“I think there may be some questions that you can answer … as far as Greene County is concerned. I think they’re [NYCA] looking for a New York statewide audit, but we’ll see what we can do to help … they’re petitioning the State Board of Elections to do a full audit of the voter registration rolls.”[15]

Legislator Bulich (R, Catskill) asks, rather stupidly, “Does it sound like a good idea to make sure the registration rolls are [updated]?”

Duh! Does it sound like a good idea to read the label before taking a swig out of the bottle?

It is at about this point that GCBoE commissioner Bogardus offers the legislators the infamous letters and attachments from the state BoE, stating,

“We have, we have some information from the State Board that we’ll be happy to share with the Legislature that speaks to some of the issues that this group has brought up in the past that haven’t necessarily been found to be accurate.”

The Q&A between the legislators and the GCBoE commissioners is discouraging at best because the legislators are clearly ignorant about how the BoE operates, and it is clear that the BoE commissioners have our elected public officers, our legislators by the short and curlies, and can tell them anything and the legislators believe it. Bad government; big trouble for citizens!

Bogardus comes right out and says, “Quite honestly we don’t want to get into a debate with this group.”[16] In other words, we’re not willing to hear what they have to say. This seems to be a regular approach by the BoE when anyone has a question or is looking for answers, and it has become the position of the Greene County legislators, it appears.

Legislators’ responses were not what we would have expected:

Legislator Bulich (Rep, Catskill) stated, “Yeah.”

Chairman Linger (Rep, New Baltimore) stated, “And, and I don’t either.”

Mr. Bogardus (GCBoE) stated, “We, we will (Legislator Lennon (Dem, Cairo), stated, “So let’s not entertain them so.”) certainly if there’s specific (Legislator Legg (Dem, Halcott, Hunter, Lexington) stated, “Why are we gonna entertain the group?”), if there are specific.”

***

Mr. Bogardus stated, “Again, I think once you see some of the State Board correspondence

in regard to some of the, the claims that have been made, you know.”[17]

Legislator Overbaugh (Rep, Catskill) stated, “Well we shouldn’t even bring them in.”

It seems that the two Democratic legislators Lennon and Legg have no problem swallowing the poop pill the BoE commissioners are feeding them:

Legislator Legg stated, “So as far as you could say (Legislator Luvera stated, “Yes, they do.”) it’s unfounded that we have this problem, right?”

Ms. Metzler stated, “Very unfounded.”

Legislator Legg stated, “Okay.”

Chairman Linger stated, “But they’re not looking at Greene County specifically they’re looking at Statewide. That’s, that’s what I’m saying.”

Legislator Legg stated, “I know, but if they’re not looking at (Legislator Bulich stated, “Statewide.”) Greene County why are we gonna listen to them?”

Legislator Lennon stated, “Yeah.”

Chairman Linger stated, “Because they’re looking.”

Legislator Legg stated, “We, we ought to not even entertain them.”[18]

And legislator Legg seems to think he’s too busy to listen to anything about messed up voter registrations, even though he voted to appoint the current elections commissioners, whose responsibility it is to keep voter registrations squeaky clean! According to legislator Legg:

Legislator Legg stated, “I mean we have a lot of things to do and we don’t have to listen to something that doesn’t pertain to our particular county.”

Chairman Linger stated, “So, so you don’t, you don’t, but you don’t think that a Presidential Election is worth making sure that voter rolls are correct.”

Legislator Legg stated, “Not if, not if I can sit here and listen to my people tell me that everything’s good. No, I have no problem.”[19]

And who in the Green County Legislature even gives a rat’s tail if we’re in a highly contested and difficult election year preceded by 4 years of elections scandals and law enforcement and the judicial system being weaponized to effect possible election interference, legislator Legg feels that if his appointees tell him everything is kosher, it’s good enough for him! But not for residents and voters in Greene County, Mr Legg!!!

Chairman Linger stated, “Okay, so if our rolls are correct?”

Ms. Metzler stated, “Our rolls are correct.”

Chairman Linger stated, “Then what is there to worry about?”

Legislator Legg stated, “I’m not worried about it, I’m just worried about wasting time.”

Legislator Bulich stated, “Yeah.”

Chairman Linger stated, “But I think it’s.”

Legislator Legg stated, “If our rolls are correct, what do we care?”

Chairman Linger stated, “Well I don’t think it’s a waste of time, I think it’s, it’s, the right thing is to also show people that we are doing the right thing and that our rolls are accurate. I think that’s just as important.”

So forget about democracy, our voting rights, and forget about the freedom to express our concerns. It’s business as usual and cronyism. No interest in facts and no interest in improving things or correcting mistakes and errors. The dumb clucks just take the foxes’ words as true, regardless of how stupid their statements are, and the attitude is ‘let’s not waste time learning anything.’

Our concluding talking point is that the majority of our Greene County legislators had already made their decision on January 8, 2024, well in advance of the NYCA presentation on February 12, and without any substantive discussion of the resolution on April 8, 2024, and voted to defeat the so-called resolution. Let’s look at what our legislators had to say:

Chairman Linger stated, “I said we’ll look at it next month. They’re coming in, they’re gonna do a presentation next month and I think they’re gonna ask for a Resolution from us. (Legislator Lennon stated, “No.”). It doesn’t mean we have to provide anything, so.”

Legislator Lennon stated, “I don’t think we’re supporting a Resolution.”

Chairman Linger stated, “But I, I think it’s just as important to prove them wrong.”

Chairperson Bloomer stated, “I think if you don’t let them in, you’re running a risk of they’ll say you’re trying to hide something, and we’re not.”

Chairman Linger stated, “Absolutely, I.”

Legislator Bulich stated, “Good time for them, for our Election Committee here to (Legislator Handel stated, “To shine.”) inform them properly.”

Legislator Lennon stated, “Okay, that’s probably what’s gonna happen here.”

So, on January 8, 2024, the County Services Committee of the Greene County Legislature already decided they weren’t going to pass a resolution to audit voter registration rolls, even before they heard what NYCA had to say, even before gathering any facts. Do you really think that’s the way Greene County government should be run?

As mentioned above, the NYCA did in fact present their findings in the data provided by the NYS BoE, more precisely they presented and explained questions they had about the data provided by the NYS BoE for voter registrations, and they received applause from the public, and, again as stated above, they received confirmation and support from the Greene County District Attorney.

Nevertheless, on April 8, 2024, a resolution with the title “Resolution to Request New York State Board of Elections to take the following Actions to Assure Domestic Tranquility through Provisions of Fair and Honest Elections” was read and came before the County Services Committee. Without specific discussion, without suggesting amendment, without tabling the resolution for study and discussion, the Committee voted to defeat the resolution and it died in the County Services Committee.

Legislators were more concerned about wasting their time than about the very process that put them where they’re sitting. They were more concerned about how much they had to do and were worried about hearing from an organization concerned about our democratic process. Isn’t that why we have legislators? Aren’t they there to represent us in this sort of thing? The Greene County Legislature, the elected legislators, and their appointees have shortchanged Greene County. It’s got to be payback time in November!

We have reported on all of these issues in other articles. If you haven’t seen them, please use the links below.

Links to Documents Cited in this Article

Notes:

[1] GCL CSC 8Jan24 Minutes at pp. 24, 26, 29

[2] GCL CSC 12Feb24 Minutes at p. 12

[3] Unless otherwise noted, the following quotations are taken directly from the official minutes of the Greene County Legislature County Services Committee Meeting of February 12, 2024.

[4] GCL CSC 12Feb24 Minutes at p. 2

[5] NYS BoE letters to New York State sheriffs, DAs, and counties associations, dated November 28, 2023, and letter to County Board of Elections Commissioners, directors, and staff.

[6] GCL CSC 12Feb24 Minutes at p. 2

[7] GCL CSC 12Feb24 Minutes at p. 3

[8] GCL CSC 12Feb24 Minutes at p. 4

[9] GCL CSC 12Feb24 Minutes at p. 5

[10] GCL CSC 12Feb24 Minutes at p. 7

[11] GCL CSC 12Feb24 Minutes at p. 8

[12] Deadwood is defined by the DOJ as “placing fictitious names on the voter rolls. This “deadwood” allows for fraudulent ballots, which can be used to stuff the ballot box” and “risks overloading voter rolls with “deadwood” names, which in turn undermines public confidence in the election process.” Donsanto, Craig C., Nancy L. Simmons, and United States Department of Justice Public Integrity Section. 2007. Federal Prosecution of Election Offenses. 7th ed., rev. Aug. 2007. [Washington, D.C.]: [U.S. Dept. of Justice], Public Integrity Section, at p. 28, 43. https://purl.fdlp.gov/GPO/LPS92922.

[13] GCL CSC 12Feb24 Minutes at p. 9

[14] The quotations included in this section are taken from the official published minutes of the County Services Committee of the Greene County Legislature of January 8, 2023 (GCL CSC 8Jan24) , starting at page 23 up to and including page 30. The discussion is not included in the video published on the Legislature website and is available only in the minutes.

[15] GCL CSC 8Jan24 at p 23

[16] GCL CSC 8Jan24 at p 25

[17] GCL CSC 8Jan24 at p 26

[18] GCL CSC 8Jan24 at p 27

[19] GCL CSC 8Jan24 at p 27

8 Comments

Posted by Principal Editor on April 30, 2024 in Smalbany

Contact Your Greene County Legislators

25 Apr

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We have researched and published all the information you need to form a well-informed opinion of what’s going on in Catskill and in your town or village.

We have also ensured that your town supervisor or your village mayor has received the same information plus other information they may want to use to make things right. We have sent a recommendation and a resolution to Greene County town supervisors and village mayors for setting up an ad hoc committee on voting and elections, a local committee that will be a watchdog keeping an eye on the Greene County Board of Elections, local political parties, candidates, campaigns, and elections. It will be interesting to see what they do with it.

It’s time for Greene County residents, voters, and taxpayers to start raising their voices against the concealed practice of charging back election services to the towns and villages, essentially requiring them to pay for the privilege of voting! It’s outrageous as a practice and even more outrageous that it would be so secret and hidden from the general public. Well, now you know and now you can put your legislators feet to the fire to stop the practice!

You also know that the Greene County Legislature refused to pass a resolution asking the New York State Board of Elections to do an end-to-end audit of voter registrations, voter rolls, and election certifications. Local governments are routinely audited by the New York State Office of the Comptroller. The New York State Board of Elections claims that they audit county Boards of Elections every two years to ensure they are complying with election law, but that compliance doesn’t go very far to ensure the quality of voter registrations or voter rolls.

The fact that the state Board audits the county Boards is a bit like putting the fox to guard the henhouse.

What’s even more disturbing is the fact that no one will admit that an audit can only have positive effects. An audit will either show that there are no irregularities or it will reveal irregularities, and then corrective measures can be implemented. What is wrong with that, we have to ask our legislators, who refused to pass the resolution asking for an audit.

Why is Greene County not joining the other 23 counties who have passed resolutions in order to serve voter confidence and to ensure the integrity of our elections? That’s a question you need to ask your legislator and your Town or Village Board as soon as possible.

Why don’t they want to demand quality in our elections? It’s a presidential election year, people, don’t we need to make certain our ducks are in a row?

Here’s the bottom line: New York City and it’s five counties attempted to pass a local law that would have allowed non-citizens to vote in local elections. Luckily, the state courts struck it down as unconstitutional and in violation of election law. That’s what the liberals in NYC are attempting to do. They wanted to give non-citizens the same rights as citizens by handing them the vote. That would have set a precedent and would have led to even worse abuses. But that’s some of the stuff that’s going on around us.

A step in the right direction would be to demand that your Town Board or Village Board pass an external Resolution to be sent to the New York State Board of Elections demanding that they do an audit of voter registrations and voter rolls as well as of certification methods.

Here’s another problem: This past November, two polling places in the Town of New Baltimore has big problems with their voting machines. Voters became frustrated and some even left without voting. According to the Greene County Board of Elections, the machines being used are about 15 years old; it’s no wonder they’re starting to do a Biden. But instead of admitting that the voting machines were screwy-Louie, they pointed the finger at the elections inspectors and poll workers! We have all the information and will be publishing it very soon but there’s something rotten in County Hall, particularly in the Legislature and in the Board of Elections.

We’ll be happy to provide you with a draft proposed resolution that you can give to your Town or Village Board and they can either use it as is or adapt it but they must be urged to pass it and send it to the state Board of Elections and it must happen a.s.a.p.

So, all that being said, here’s the contact information you’ll need to contact your Greene County legislator or, if you don’t live in Greene County but want to urge them to act, please let your voice be heard.

District 1– Catskill
Michael T Bulich (R)	mbulich@greenecountyny.gov
Matthew F Luvera (R)	mluvera@greenecountyny.gov
Jay J Lucas (R)	jlucas@greenecountyny.gov
Linda H Ovrbaugh (R)	loverbaugh@greenecountyny.gov
District 2 – Coxsackie
Charles A. Martinez (R)	cmartinez@greenecountyny.gov
Thomas M Hobart (R)	thobart@greenecountyny.gov
District 3 – Athens
Edward R Bloomer (R)	ebloomer@greenecountyny.gov
District 4 – Greenville
Gregory Davis (R)	gdavis@greenecountyny.gov
District 5 – New Baltimore
Patrick S Linger (R)	plinger@greenecountyny.gov
District 6 – Ashland, Jewett, Prattsville, Windham
JamesThorington (R)	jthorington@greenecountyny.gov
District 7 – Halcott, Hunter, Lexington
Daryl E. Legg (D)	dlegg@greenecountyny.gov
District 8 – Cairo
Sherry B. True (R)	strue@greenecountyny.gov
Harry A Lennon (D)	hlennon@greenecountyny.gov
District 9 – Durham
Patricia M Handel (R)	phandel@greenecountyny.gov

They are peeing down our legs and telling us it’s icewater!

25 Apr

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Most of us are awake and aware enough to know the difference between pee and ice water, even if our elected public officials and their appointed bureaucrats don’t think so. Our candidates, campaigns, and elections have become a pitiful sham, a shadow of what they were intended to be. We elect people who defraud us and then to cover up their malfeasance and ignorance, treat many of us with arrogance and indifference.

Believe it or not, we are at fault for all of this, not the frauds and misfits we hand over control of our lives to. The culprits aren’t there on their own merits, they’re there because we trusted and believed them, and we put them there.

Don’t we remember the motto, “E pluribus unum,” out of many, one, the traditional motto of the United States. It appears to have mutated to out of one, many, a ‘me first’ culture — ex uno multis, out of one, many — and screw the rest of you!

We, as citizens, are being divided and conquered. We are exposed to evil divisiveness on a daily basis by the very people who have the duty to serve us, not themselves. Urgent corrective measures are needed, FAST.

As many public officers, government boards, councils, legislatures, and courts are aware, the Smalbany Magazine & Blog publishes items of community interest and information not available from any other source, because local and regional media simply are not interested in or unable to do the research necessary to explore issues in depth. Moreover, we have repeatedly debunked local media and biased reporting or outright misinformation, so that the public has a true and clear picture of what is happening.

We invest considerable time and treasure in factive research and have established a standard of high integrity in our public statements that is clearly not a standard found in most public media or even in our local government.

As our loyal subscribers and readers know, and most of the public figures we investigate and expose are aware — even if they make believe they don’t know what’s being published or are unwilling to publicly acknowledge the fact —, we do not rely on hearsay or so-called ” eaks” but rely only on vetted facts, official and public documents, and statements by the individual in the crosshairs, that is, straight from the horse’s mouth.

In other words, we go directly to the entity or person of interest with direct questions and inquiry, as many of our subjects know from personal experience, and, if the public figure has guts or the courtesy to respond, which is exceedingly rare indeed, we rely on the information provided by that person with first-hand knowledge. When the facts are unverified or unverifiable — usually because the person with knowledge refuses to respond —, we say so.

So, when a public figure such as a sitting rookie Town Board member chooses to publish an unfounded or unsubstantiated statement about how we get our information and facts — I hope you are listening, Ms Janet K. Kash (an elected public officer, New Baltimore Town Board member), before you fire off another imprudent email, — we become understandably annoyed, particularly when that public figure — again, are you hearing this Ms Kash — claims that we have obtained privileged information from an insider source, and published it. Let’s be perfectly clear: none of our information comes from any breach of confidentiality, and we have the files to prove that.

So, that being said and clarified, we have to question the reaction of the New Baltimore Town Supervisor, Ruso, upon reading the much belated Greene County Board of Elections Commissioners’ response to Town of New Baltimore Resolution 40-2024. Yes, despite the fact that New Baltimore Town Supervisor Jeffrey Ruso read out a so-called response finally received from Greene County Board of Elections Commissioners Bogardus (Rep) and Metzler (Dem) dated April 10, 2024, a response to repeated contacts by the Town and even a Town Resolution 40-2024 of January 22, 2024, asking the Commissioners to attend a Town meeting and respond to citizens questions. Bogardus and Metzler refused to respond directly to the Resolution and, instead, sent a non-responsive letter repeating their unfounded and defensive statements we’ve heard again and again, to the point of nausea.

Note that a town board resolution is a legislative document that formalizes important decisions made by the town board and the actions required or requested relating to those decisions or concerns. It is a legal document and generally binding, and functions as a record to provide evidence of decisions made by the town board regarding pivotal matters of town government. A resolution of the town board should not be taken lightly as it represents the will of the people as articulated by the elected representatives of the community.

So, in summary, the resolution adopted by the New Baltimore Town Board on January 22, 2024, which was promptly sent to the Board of Elections reads, in part:

“WHEREAS the Town Board believes that it is imperative that the residents and election workers of the Town of New Baltimore have confidence in the accuracy and privacy of our elections, so

THEREFORE, BE IT RESOLVED, that the Town of New Baltimore hereby requests that representatives of the Greene County Board of Election[s] come to a Town Board meeting to explain to the residents of the Town of New Baltimore what occurred and inform the Town of measures to be taken to prevent recurrence of these problems.”

By way of comment/discussion Supervisor Ruso went on to say,

“I just think they need to come in here and try to give us some greater level of confidence. Obviously, there’s rsidents have spoken that they’re not particularly confident that things went smoothly or went right, so let’em come in and explain it. So[,] that’s the background. I think we all sat here and heard them.”

Resolution 40-2024 was passed unanimously by the Town Board in direct response to complaints brought by residents and poll workers, and concerns of multiple residents. The Greene County Board of Elections through its Commissioners Bogardus (Rep) and Metzler (Dem), who are appointed by the elected Greene County Legislature upon the certified recommendation of their respective county political party committee, continue to refuse to respond!

On February 26, 2024, the New Baltimore Town Board joined some 75 other municipalities and counties, and passed external Resolution 53-2024, requesting the New York State Board of Elections to conduct an end-to-end audit of voter registration, voter rolls, and election certification.

Both the Town of New Baltimore and the Greene County Legislature invited the grassroots elections and voter advocacy group, New York Citizens Audit (NYCA), to give presentations and to explain the data that indicates significant irregularities in voter registrations and the conduct of our elections, and to emphasize the responsibility and accountability of the State Board of Elections to audit and cure the defects, if any.

Although other counties and municipalities (towns and villages) throughout New York state have heard NYCA’s concerns and have passed resolutions to the New York State Board of Elections requesting quality control and assurance measures through an audit, which is very common practice in local government, the Greene County Legislature — the evidence points to internal conflicts resulting is deaf ears and premeditated opposition — refused to stand by citizens of Greene County and assure the accuracy of voter registrations and voter rolls, and the integrity of elections in Greene County and beyond. So much for the Greene County legislators’ support of the state and federal Constitutions and voter confidence!

Who is running Greene County?
The Legislature or the Board of Elections Commissioners?
It’s certainly not the people!

We are in a presidential election year in which the mainstream political parties are in a war of attrition and in which every notion of fair play and decorum appear to have been sacrificed to dirty politics and political ambush by public officers with apparently no concern or respect for what was once called American democratic process.

We cannot ignore what is playing out on the national stage because, if we look around ourselves right here, locally, we have some very serious problems just outside our doors. In the Town of New Baltimore and in many other municipalities in New York state, voters experienced catastrophic failures at polling places. Boards of Election, most notably our own Greene County Board of Elections, instead of proactively responding, engage in finger pointing, excuses, ad hominem attacks, defensiveness, and rude comments. In Greene County, the Board of Elections, rather than show good faith and respond to towns’ sincere requests for answers, the Board ignores the concerns and, if they respond at all, they do so arrogantly and avoid the core questions.

The Board of Elections is a party political presence in county and state government. They are recommended by their own political party, the county legislature receives the recommendations, and proceeds to appoint the elections commissioners. The legislature, as the appointing authority and as the legislative body holding the power of the purse strings, should be in control since the Board of Elections is governed by the legislature. It appears that quite the opposite is true: Greene County legislators’ appear to accept anything and everything the elections commissioners hand them, and both the elections commissioners and our legislators shortchange us, the people, the electorate, and cheat us out of our rights.

Given the facts presented and explained in our recent articles, please see:

New York Citizens Audit Resolution Failed? Not!
Greene County is a Pay-per-Vote County!
You said that! Undisputable facts.

and the fact that New York State Election Law (ELN) §3-202 establishes that the county legislature determines the election commissioner’s term of office, in Greene County, a term of four years; ELN §3-204 provides that the county legislature appoints the election commissioners upon the appropriate county party committee’s recommendation filed with the clerk of the legislature, and ELN §3-200 sets forth that the election commissioner must be an enrolled member of the party recommending his or her appointment, and that the commissioner shall not be a candidate for any elective office.

And given the fact that the Greene County Board of Elections and the County of Greene are required by law to provide support and services of voting and elections in the County. And furthermore, that the Greene County Board of Elections, a purely party political executive and administrative office governed by the Greene County Legislature, may and does submit to the Legislature a bill for election services, which the Legislature has the option to accept and charge back to the towns and villages of Greene County, which it does (see our article, “ “).

When we say “option” we mean that there is no rule or law that requires the Greene County Legislature to charge back the Board of Election costs for election services. None.

In fact, citing County Law §361-a; Election Law §§3-226, 4-136, and 4-138, the county may, but is not required to charge back to municipalities (towns, villages, cities) all or part of the expenses associated with elections!

Election Law §4-138 and County Law §361a read, in part, that:

[t]he board of elections in each county, outside the city of New York,…shall certify to the clerk of the legislative body of the county, the total amount of the expenses of such board of elections…and, if the legislative body of any county shall so direct, shall certify to such clerk the portions of such expenses which under provisions of law are to be borne by any city or cities in said county and the portion thereof which is to be borne by the rest of the county(emphasis added).

Furthermore, Election Law §4-136(2) currently provides that

“[t]he expenses incurred by the board of elections of a county … may, pursuant to section 3-226 of this chapter, be apportioned among the cities and towns therein, or in the case of a village election held other than at the time of the fall primary or general election, apportioned to such villages therein” (emphasis added).” (emphasis added)

Therefore, counties in New York state have the option of charging back election expenses pursuant to section 3-226, but are not required to do so.

So New York State Election law clearly establishes the county legislature determines the term of office of election commissioners and appoints the election commissioners who must be enrolled in the party recommending them and they must be recommended by certification by their political party. Important here is that the election commissioners are appointed, not elected, and are obliged to the party in which they are enrolled and recommends them to the legislature.

The County Board of Elections is Responsible for Voting Machines

By law, the County Board of Elections is responsible for voting machines. Election Law §3-226 provides, in pertinent part, that “[a]ll voting machines, and appliances and equipment relating to or used in the conduct of elections shall be in the care, custody and control of the board of elections” The current Election Law §7-203 was amended to make it a requirement of the county board of elections to provide voting machines. It would be reasonable to assume that the voting machines provided by the county board of elections would be operational and in good condition, and that the board of elections would correct or repair and defects before providing the machines for voting.

Given that the Greene County Legislature is an elected body consisting of elected public officers and, as elected public officers, their candidacy and endorsements and support are party political, one does not get elected without the blessing of the Board of Elections, which means the blessing of the commissioner, who is recommended by the county political party committee, and appointed by the Legislature. Fox and chickens, again!

So, what does that tell us about the candidates who are allegedly elected by the voters in this County and Town? Well, quite clearly, it would appear that the initial selection is made by the county political party committee and subject to the operations of the county Board of Elections, even before the voter has any choice in the matter. In other words, there’s a lot of bootlicking and backroom politics going on.

Given the fact that the Greene County Legislature is comprised of 14 members, 11 Republicans, 1 Conservative, and 2 Democrats, representing the 9 Districts of Greene County, and the Republican majority makes the majority of decisions coming before the legislature, it would appear that given the refusal of the Greene County Board of Elections and its commissioners, Republican Bogardus and Democrat Metzler, to respond to communications and inquiries, from this Town Board and voters in this Town, that the Greene County Legislature should have some influence in urging the commissioners to respond.

Metzler was reappointed by the Greene County Legislature by Resolution 332-20 effective January 1, 2021; Bogardus was reappointed by Greene County Resolution 417-23, effective January 4, 2024. Both are for four-year terms. Both were reappointed by unanimous vote of the Greene County Legislators. They may be fixtures but the Legislature still controls the purse strings, which is actually taxpayer money they manage in trust, if I may use that word “trust” so loosely.

It would seem obvious that the authority to govern the Board of Elections lies squarely with the Legislature but the legislature refuses to bridle the commissioners. Ladies and gentlemen: The legislature controls the purse strings and makes the decisions, so that’s where the buck stops. The initial cost for the counties under statute is borne by the county boards of elections. Read the law, people.

Now the legislature, not the Board of Elections, has the option of pushing the cost of elections services as a chargeback as it’s called in the statute, down to the localities where the elections are held, or to refuse to charge back the Board’s costs in providing election services.

Mr Ruso, again, promised to reach out to other municipalities in the County to get them on board as with the chargebacks I just discussed. Mr Ruso and this Board drafted, discussed, passed, and transmitted Resolution 40-2024 to the Board of Elections, telling the Board of Elections we wanted them to meet with us and discuss the problems. Will someone here grow a pair and see to it that the Board at least respond as requested by the Town and its residents, taxpayers, and voters.

Historically, it seems that either our town attorneys are not very well versed in county or election law — or at least it appears to be so — or our town boards, particularly the New Baltimore Town board and our County Legislators, are ignorant of applicable county and election law.

While the New Baltimore Town Board, despite its may deficiencies, bit the bullet on two occasions by passing resolutions responding to residents’ complaints and concerns relating to the integrity of elections, our assessment of the County Legislature is quite different.

A thorough review and analysis of the proceedings of the Greene County Legislature, particularly the County Services Committee, clearly indicate that county legislators are not responding to the real concerns of Greene County citizens. In fact, on the issue of voter registrations and the integrity of elections, the Greene County Legislature appears to be under the control of its own appointees, the Greene County Elections Commissioners Bogardus and Metzler. This observation is supported by the domination of discussion of elections issues by the commissioners, the restraint of the legislators in probing alleged irregularities, and by the legislators’ indifference to pursuing efforts aimed at ensuring quality operations in elections. That is clearly proved by the legislators’ comments and remarks on the floor of the legislature and most recently in their unfounded and inaccurate statements made to the press.

Given legislators’ inaccuracies and errors we have to ask ourselves (1) if they hear themselves when they’re making such stupid statements, (2) if they read the transcribed minutes of their proceedings before they vote to approve them, (3) if they hear or are listening to what’s being said by citizens and persons with knowledge invited to present data, such as the NYCA, (4) if they even hear what county officials, other than the Board of Elections, have to say about elections irregularities, or do they rely on the “fox to guard the hen house” and on the unsubstantiated biased reporting of politically polarized media?

It’s time to ask the question: Who is running the Town, the County anyway?

And it’s time for Greene County town supervisors and village mayors to get together in a show of solidarity and in support of the best interests of Greene County residents, citizens, and taxpayers. Need we remind our legislators and our town officers that they are elected and are subject to an oath of office. They may not take those two facts seriously, but that is their mistake, because we, the people, do, and we will act to correct the situation.

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Posted by Principal Editor on April 25, 2024 in Smalbany

New York Citizens Audit Resolution Failed? Not!

23 Apr

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It wasn’t the Resolution that Failed
It was the Legislature and the Reporting that Failed

All in all, it’s not that partisans live in entirely separate media bubbles when it comes to political actions or reporting the news. One factor is that getting news from a source does not always mean trusting that source. This is borne out in a recent Pew Research Center report, in which the data shows that while 24% of Republicans got news from CNN in the past week, roughly four-in-ten who did (39%) say they distrust CNN. Of the 23% of Democrats who got political news from Fox News in the past week, nearly three-in-ten (27%) distrust Fox. Go figure!

Profits of media firms depend on their audience ratings, and maximizing profits may involve catering to a partisan audience by suppressing information that the partisan audience does not like hearing. It’s no secret that the Albany Times Union is a left-wing liberal publication, and it follows that the TU must cater for the views and interests of a predominantly Democratic Albany demographic, regardless of the truth value or factuality of what they report on.

While most regular readers and voters are rational, understand the nature of reporter bias, and suppression or emphasis of information inappropriately, important information is lost through bias and poor reporting, and can lead to general misinformation and electoral misjudgement. When there is media bias there is a high probability that the biased reporting will give rise to errors in political interpretation and judgement, electoral mistakes, and other adverse situations. Heightened political polarization and asymmetric distributions of media, news, and editorial ideologies make interpretation and political judgement mistakes more likely. Even if the media politics or ideology is middle-of-the-road and voters have access to unbiased sources, media bias can lead to inappropriate “cross-over” voting, which, in turn, can lead to the election of the wrong candidate.

In this presidential election year we are facing information and media overload that is troubling, confusing, demoralizing but avoidable. It’s no wonder voter confidence is at a historical low and distrust and anxiety loom large among voters, which is fast manifesting as hysterical and angry expressions of frustration.

Self-interested elected officials, their appointees, and their ratings-addicted media handlers are navigating perilously close to criminal abuse of the public.

A recent article appearing in the Albany Times Union (TU) attributed to Roger Hannigan-Gilson, who covers Columbia and Greene Counties for the TU, whose credentials amount to 10 years experience as a reporter and the fact that he spends a lot of time outdoors, and titled “Citizens Audit push for probe of 2022 election fails in Greene County Legislature committee” and the so-called lead[1] reads, “The grassroots voter integrity group was issued a cease-and-desist letter by the attorney general’s office.” As a lead, this line is a failure, since it misinforms the reader right from the start! It’s a misleading judgmental statement and does not reflect the true facts; in fact, it distorts the facts significantly, and Gilson doesn’t stop there.

We are impressed by the fact that Hannigan-Gilson spends far too much time outdoors when he, and his readers, might benefit far more if he were to do proper research and interviewing, before rushing to fire off a highly biased and inaccurate pulp fiction for a biased rag!

First of all, let’s look at the resolution that the TU reporter claims to have “failed in a Greene County Legislature committee.”

The resolution that came before the Greene County Legislature on April 8, 2024, was barely reviewed and hardly even discussed before it was promptly dispatched.

Had Mr Hannigan-Gilson done due diligence in researching the history of the resolution in the Greene County Legislature, he would have found that as early as January 8, 2024, a number of legislators had already decided that they were opposed to a resolution even before one had been drafted!

On January 8, 2024, Greene County Board of Elections Republican Commissioner, Bogardus, dominated much of the discussion with attacks, innuendo, unfounded criticisms, and defensiveness. It was clear that it was his turf and no one was going to come in on it. (See Bogardus’ comments, official minutes of the February 12, 2024, Legislature meeting, at p. 12).

The general consensus of Greene County Legislators was narrow minded and short-sighted: It doesn’t concern us so we’re not interested. If our Board of Elections tells us that everything’s OK, I have no problem. Fox can guard the hens, it’s OK with us sort of attitude.

Their ignorance, arrogance, and indifference as elected public officers was appalling considering the catastrophic failures and problems voters experienced on November 7, 2023!

In the first paragraph of the Hannigan-Gilson article, he describes “forceful pushback from the commissioners of the county Board of elections.” Forceful? Really? It was not forceful. It may have been arrogant and snarky but it was not forceful. it was defensive and misleading, not that leading a group of backwoods legislators was any problem.

Hannigan-Gilson also writes that there were words of support from the Greene County District Attorney. What is unclear is support of what? Again, going to the actual minutes of the meeting, we found that Greene County District Attorney clearly was in support of New York Citizens Audit, even describing his contact with Richmond County (Staten Island) concerning similar election irregularities. The DA’s support was not for the Board of Elections or for the opposition of the uninformed legislators but for New York Citizens Audit! And that despite the negative stance of the Board of Elections Republican Commissioner Bogardus and Democratic Commissioner Metzler, and one of their lackies, deputy commissioner Shieren. (See official minutes of the Greene County Legislature of February 12, 2024, at page 11)

Hannigan-Gilson describes a so-called cease-and-desist letter issued by the New York Attorney General’s office with some vague and ambiguous language that NYCA “might be violating voter intimidation laws,” and some unsubstantiated reports. The “might” in that statement speaks very loudly and mightily that it was a farce letter. If there were any evidence whatsoever, the letter would have been an order issued by a competent court after fair review of any evidence. Total crapola, Mr Gilson! Knowing what we now know about NY Attorney General Letitia James’ character, personality, and ethics, we wouldn’t put any money on that bet!

What we found to be almost comical is the part saying that one Grant Fox, a spokesperson for the AG’s office, that is, the Letitia James assassins’ club, says the “investigation I into this group [NYCA] is ongoing,” which is code language saying that they have nothing and can produce nothing in support of their allegations, so the investigation has to be ” ongoing,” otherwise it would be subject to the Freedom of Information Laws, that would require the AGs office to provide documents. Nice try, Fox and Gilson, but it really didn’t work. Sorry!

Quoting Greene County Legislator Patrick Linger, stating that “ audits are common and there was no reason for anyone to oppose one for the state election process.” We agree. In fact, the Office of the State Comptroller regularly performs audits of local governments to ensure compliance and appropriate performance. Audits are a part of quality assurance of good government operation.

On December 8, 2023, Marly Hornick of the NYCA, gave a presentation at New Baltimore Town Hall and presented the data. The presentation was well done and the conclusions were persuasive. So persuasive, in fact, that on February 26, 2024, the New Baltimore Town Board passed a resolution requesting the NYS Board of Elections to audit their voter registrations, voter rolls, and other records. On February 12, 2024, Hornick gave a similar presentation and explanation before the Greene County Legislature, and that presentation was likewise well received.

A quote allegedly attributed to Greene County Legislator Matthew Luvera who asked, “sarcastically” from his seat, apparently during some meeting, asking “Why didn’t Lee Zeldin do something about it?” referring to his defeat in the NY state gubernatorial race. The question, sarcastic or not, is irrelevant, since Mr Zeldin was a candidate, and was not accountable or responsible for how the elections or voting was done! In fact, a thorough search of the minutes of the Legislature meeting did not reveal anything at all about Mr Zeldin or any such quote by Luvera. Idiot!

A common trick used in poor journalism and characteristic of presenting biased points of view. Taking a statement or part of a statement out of its context is tantamount to misquoting. Hannigan-Gilson writes that Ms Hornick stated, quoting her that there was “no reason for anyone in New York state to trust our elections.” Here is the complete quote:

Ms. Hornick stated, “We would like your support. We have been bringing, I, I’ve met with the State Police in 2022; I’ve spoken to the Inspector General’s office; I’ve spoken to, basically. every kind of law enforcement agent that you could contact in New York State to get help and we’re always accused of being partisan; we’re always accused of lying and we’re always dismissed, and that is why we have been going around the State since roughly April of 2023 and going to town boards and county legislatures and begging for your help because we think this needs to be audited. We’re not even saying we need a criminal investigation. We’re saying we need to open up the books, New York State needs to open up the books and find out how is our system broken. Where are the gaps, right? That’s what you do; that’s why you have audits. Where are the vulnerabilities; where are the openings; how is this taking place? And we need to repair all of those gaps and, if we don’t do that, there is no reason for anyone in New York State to trust the outcome of our elections (Applause), because they don’t meet the standard of the law. So, that’s what we want. We want support. We’re the constituents and we are coming to our representatives and saying, ‘We’re not getting anywhere, so we’re using the public comment period’, because the Board of Elections is sending letters all over New York State, [saying] ‘Don’t listen to these liars, they have no idea what they’re talking about, they’re malicious’.”

Another misquote by Hannigan-Gilson that Democratic Commissioner Metzler stated that “Hornicks group didn’t understand how boards of elections operate.” That is not what was said. In fact, Metzler actually stated, “Just, just one more thing. Nobody knows, not, not anybody in here, knows the operations, full operations of any Board of Elections or the New York State Board of Elections until -.” (Minutes of February 12, 2024, Committee Meeting, at p. 13.) No reference to NYCA, directly or indirectly, just a generally defensive, arrogant statement that everyone is ignorant. Typical of loss of control and inability to sustain a credible position when opposed.

Let’s move on in our analysis and debunking of Hannigan-Gilsons infantile attempt at journalism.

It had to happen sooner or later, Hannigan-Gilson actually gets something right in his article when he notes that Greene County District Attorney voiced support for the audit, citing his communications with another downstate DA who was investigation election irregularities. Congrats, Mr Hannigan-Gilson! You actually got something right!

Greene County Legislator Patrick Linger championed the concept of an audit simply because an audit would have positive effects one way or the other: it would either find that there are no irregularities or it would find irregularities that could be corrected. It would be a win-win!

But given the comments made by several legislators at the January 8 committee meeting, notably negative premature opposition by legislators Luvera, Lennon, Legg, Overbaugh, Bullich, who seemed to have an agenda or some evil alliance with the Board of Elections commissioners, who were dead set against any audit whatsoever, we have to ask what were they so afraid of? What were they so intent and committed to keeping under wraps, out of the light of day? We can only speculate.

One thing is certain, as stated by Legislator Linger, “You don’t let the fox guard the hen house” and, referring to Bogardus’ and Metzler’s outright condemnation of any claims whatsoever of possible election irregularities or errors in voter registration made during the legislative meetings, “raises a red flag” for him and it should do the same for the rest of us.

We’ll conclude with a brief statement on the resolution that Hannigan-Gilson describes as failed on a 6-2 vote, while quoting Edward Bloomer, county legislator representing the Town of Athens, that “all the resolution would do was undermine voter confidence.” It’s hard for any reasonably thinking person to believe or be capable of believing that a sitting county legislator could make such a blatantly stupid statement with a straight face.

While Patrick “Pat” Linger may have his heart in the right place, we have some misgivings. As the article reports, Linger said the vote was delayed while he attempted to garner support and “corral votes.” Linger is Chairman of the Greene County Legislature. One of the jobs of the chairman of such a body is to do just that: garner support and “corral votes.” Linger doesn’t seem to have been able to do that, even with the aid of a very well-organized presentation by the NYCA people, some very persuasive data, a Republican majority in the Legislature (11 Republicans, 1 Conservative, and 2 Democrats), and local grass roots supporters with election experience. True, the dynamics of the Greene County Legislature are bizarre at best, and there are some Neanderthal personalities and demonic entities at work there, but to be an effective chairman, one has to be able to work with those types, and he must have leadership, negotiation, compromise, and persuasion skills. The committee had to have a quorum of members to vote and a total of 8 out of 13 members present met that requirement but the vote was a devastating disappointment, as was the whole performance in this instance (see below).

Does Linger have what it takes? Well, in a recent interaction, when this writer provided Linger with a well-crafted, carefully drafted resolution on the subject of audit, Linger’s response was undignified and indecorous; we lost a lot of respect for him. Our conclusion is that may very truly he committed to championing what is right, and really believed that an audit would be a good starting point but it may also be that he just doesn’t have the wherewithal to make it happen.

A properly drafted, discussed, deliberated, amended, finalized and ratified resolution could do nothing but good. The very fact that a legislative body would have voter interests and the integrity of elections at the top of their minds could only promote and nurture voter confidence. If anything erodes voter confidence it’s precisely the kind of conduct and statements made by the majority of Greene County Legislators, the self-interested political hacks on the Greene County Board of Elections, and the ignorant biased reporting of the Times Union.

Legislator Bloomer representing the Town of Athens is expert at making stupid statements. In the Hannigan-Gilson article he is quoted as saying that the resolution was attempting to put something that was the purview of law enforcement…into a legislative body.” Bloomer also is reported to have incorrectly pointed out that Ms Hornick stated that the NYCA’s findings had been submitted to the NY State Police and the State AG’s office, and the two had taken no action. Again, this is incorrect and misleading. Hornick did not say that. Hornick’s actual statement is preserved in the official minutes of the Greene County Legislative meeting of February 12, 2024, and reads:

“Now, you know, when they say a default date, that’s a red flag too because this is a database that is part of our critical national security infrastructure, and I met with the New York State Police Special Investigations Unit in June of 2022 to show them some of this stuff, but something else entirely as well that I’m not gonna go into tonight, and they took that investigation that we handed them. We had met for three hours, and they said, ‘We have to hand this investigation over to the Foreign Intelligence Task Force of the FBI.’ I said, ‘Okay, why?’ ‘Cause, what do I know? And they said, ‘Because this is part of our national security infrastructure, and so if there is evidence that that secure, that infrastructure may have been tampered with or breached, there’s always a possibility that it was a foreign entity; a foreign actor.’”

That sounds like a good enough reason for an audit. How about you? Errors that might compromise national security infrastructure? Hell yes!

So it’s incorrect and misleading for Hannigan-Gilson to report that Bloomer made a statement like that when it’s total rubbish and verifiably untrue by simply reading the official minutes that are easily accessible on the Greene County Legislature’s Internet pages! Such poor reporting is completely irresponsible!

The truth is that the New York State Police, Special Investigation Unit, after meeting with NYCA and reviewing the data for three hours, found that they had to turn the case over to the Foreign Intelligence Task Force of the FBI for national security reasons! Now that’s something significant and big but somehow got lost in the bias storm.

There’s not much that can be said for the Hannigan-Gilson article except maybe that it’s a textbook example of poor journalism, biased to the hilt, and a disservice to the readers of the Albany Times Union, regardless of their political leanings.

A few words on the actual resolution as a resolution.

In all honesty, we must admit that the resolution we are discussing was not the best written piece of legislation I have ever seen. In fact, it is the exact duplicate of the very resolution passed by the New Baltimore Town Board on February 26, 2024, external Resolution 53-2024, and served on the NYS Board of Elections.

But regardless of whether the resolution was a legislative masterpiece or a work of legislative art, the fact remains that it was shortchanged by legislators and the people of Greene County and the state were cheated.

We are at a loss why the Greene County Legislature used the New Baltimore resolution and without any further consideration, discussion or amendment, decided to vote it down. Under normal circumstances, the resolution would have been discussed, amended, and reviewed by the County Attorney, returned with recommendations, and then discussed in open legislative session, before being voted on. None of this was done. It was as if no one cared and just went through the motions.

We make that statement upon review of the official minutes of that Greene County Legislature, County Services Committee meeting, in which we read the legislators remarking that the copy they were looking at showed the voting of the New Baltimore Town Board! Someone had used the New Baltimore resolution without even removing that information. The incompetent discussion didn’t stop there. There followed an extensive discussion of the operations of the New York State Association of Counties, and why they didn’t take action? Totally irrelevant discussion and no discussion of the resolution itself, any amendments, or a motion to table the resolution pending amendment and review by the County Attorney. They simply voted on the scrap of crude draft and disposed of it.

That’s the Greene County Legislature doing what it does best: nothing.

This article is based on the official minutes of the Greene County Legislature and its Public Services Committee as prepared by the Clerk of the Legislature, approved by the Legislature, and published on the official site of the Greene County Legislature at https://www.greenegovernment.com/greene-government/county-legislature/meeting-agendas, last accessed on April 23, 2024. The specific meetings from which I quote or refer to here are the January 8, February 12, 2024, and April 8, 2024, meetings of the Greene County Legislature County Services Committee.

No, we don’t apologize for our images or our humor. Get a grip!

[1] The lead is an important and even essential part of the article structure. It should be no more than one paragraph long, and by reading it, the audience should be able to understand exactly what your article is about and what you are reporting on.

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Posted by Principal Editor on April 23, 2024 in Smalbany

Greene County is a Pay-per-Vote County!

23 Apr

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Greene County Democratic Process, Voting & Elections
Paying for the Privilege of Voting

Get ready! The Greene County Legislature has already passed a resolution allowing the Greene County Board of Elections to charge back election services provided to voters in Greene County. The towns and villages in the county will be billed for the costs of the 2024 elections. The resolution was passed by the Greene County Legislature on January 17, 2024 (40. Authorizing Obtaining And Furnishing Of Election Related Services and Materials). In the County Services Committee meeting of January 8, 2024, Board of Elections commissioner Brent Bogardus admitted that a larger cost is coming our way and that there will be no cost savings, thanks to the changes in the election laws made by the Democrat majority in Albany. Legislators Bloomer, Bulich, Davis, Hobart, Legg, Lennon, Lucas, Luvera, Martinez, Overbaugh, Thorington, and True voted in favor of charging back costs to county towns and villages. Legislators Bloomer and Linger voted against charging back to county towns and villages.

So, citizens and voters, you’ll get to pay your fee, get a ballot, and cast your vote. As for all the non-voters out there, let’s just say Thank you! to them for paying for our votes and not getting their own money’s worth of ballot. Suckers!

Adapted from a Public Comment by Harold W. Vadney
New Baltimore Town Board Work Meeting
April 22, 2024

There are a lot of secrets and backroom deals being made in the Greene County Legislature. One of the best kept secrets is the fact that the County of Greene is one of a small minority of New York state counties that charges the costs of elections back to the towns, to taxpayers. The Board of Elections tells the Greene County Legislature what it spends on elections and the Greene County Legislature does some quickie dealings and boot licking and passes a resolution billing Greene County Towns, Greene County taxpayers for elections. Yes, neighbors, you are paying for the privilege of voting in Greene County. Betcha you didn’t know that!

Now, do you think your town boards, supervisors, or mayors are aware of this fact. If they are,, you need to ask some serious questions.

Your elected legislators in the Greene County Legislature sure know about it because they vote on it and pass the costs on to you, the voters and taxpayers!

Keep in mind that Greene County Legislators are up for re-election this November for another three-year term. Is it time to do some serious punishing and send a message to the Greene County Legislature? Or do you want to continue to be the sucker minority in New York state and pay to vote?

In this article, we report on the situation in Greene County and name names to shame.

What is the franchise? The franchise is the citizen’s privilege of voting at public elections, and the privilege of qualified voters to cast their ballots for the candidates they favor, at public elections authorized by law, is basic to American participative and representative democratic process in both the New York State Constitution and the Constitution of the United States, neither of which put a price tag on the privilege of voting, except maybe to imply that it is priceless.

What is a chargeback for election services? A chargeback is an option that counties in New York state have that allows the Board of Elections to submit a bill to the county for election services, and the county legislature has the option of passing a resolution allowing the amount submitted by the Greene County Board of Elections to be apportioned and charged back to the towns and villages in the county. In other words, the Board of Elections, although already budgeted and funded, recoups the costs of elections from town and village taxpayers; thanks to the complicity of the County Legislature. You are paying the Greene County Board of Elections for being able to vote. As we noted, this is an option; there is no requirement to charge back and there is no law that says that it must be done. Of the 62 counties in New York state, only about 11 actually charge back election services costs to their towns and villages, their taxpayers. Greene County is one of those scoundrels and the Greene County Legislature plays foul ball against county taxpayers and voters by supporting this scam.

So, why do voters and taxpayers pay to vote in Greene County and maybe 11 other counties of the 62 counties of New York state, while the other 50 or so counties don’t charge back election services to their towns and taxpayers? Good question, right?

At the Town Board Work Meeting of February 26, 2024, New Baltimore Town Supervisor Ruso brought up the subject of a Resolution of the Greene County Legislature that charges the Town of New Baltimore for elections services. (See Table 1, below, for the amounts charged back to towns and villages in election years 2020, 2022, and 2023.)

Mr Ruso was unable to remember the Resolution number or the amount being demanded by County, so let us help out here.

The Greene County Resolution was item 10 of a Greene County Public Services Resolution of December 11, 2023, and the amount charged back to the Town of New Baltimore by the Legislature on behalf of the Greene County Board of Elections for election services was $7,384.87. The resolution reads:

WHEREAS, the Commissioners of the Greene County Board of Elections have furnished and/or obtained services and materials relative to Greene County Elections; and

WHEREAS, the Greene County Treasurer has been duly authorized to pay said expenses in the amount of $53,151.37 for the 2023 Elections from the Greene County Board of Elections budget;

NOW, THEREFORE, BE IT RESOLVED, that the Greene County Treasurer is authorized to chargeback and/or invoice the same to the towns in said County

This means that each of the 14 municipalities in Greene County is billed for elections services provided by the Board of elections. Sounds kind of bizarre doesn’t it?

You actually thought you had a protected privilege to vote for candidates for public office? Wrong! In Greene County you pay for that privilege.

You have the privilege to vote and elect your public officers but taxpayers have to pay for that privilege and for services provided by the Board of Elections, an entity that is run by two political party commissioners — one Democrat and one Republican — appointed by the Greene county Legislature upon the recommendation of the county political party committee. By the way, that same Board of Elections run by appointees recommended by the county political party committees and appointed by the Greene County Legislature, are the same characters who oversee and approve those so-called candidates voters get to “elect.” Sounds like a big scam, doesn’t it? If it sounds like a scam, it probably is a scam!

Well, it does get scarier, if that’s possible. So, in 2023, New Baltimore is billed more than $7000 for election services, payable in tax dollars paid by New Baltimore voters. Sounds like a buy a vote scam, doesn’t it? That’s because your Greene County legislators let it happen.

Well, let’s put this little tidbit of government involvement in elections in perspective. I’ve just pulled the data for Catskill, our largest municipality, Coxsackie, our nearest neighbor, and New Baltimore. The other towns and the amount charged back are shown in Table 1, below, and Greene Legislators’ votes are shown in Table 2, below.

We have sent this information to Greene County town supervisors and mayors. They have been provided with this information, so they can’t say they are not aware of what’s going on. Ask them.

Consider these figures just for kicks and giggles.

Election Year 2020

In 2020 there was a presidential election and Greene County billed its towns $80,596.50 for services provided by the Board of Elections. (Resolution adopted by vote of 13 in favor, 1 against (See Table 2, below.)

The Town of Catskill with 14 Electoral Districts cast a total of 4844 votes and was billed by the County for $19,438.80 or $4.00 per vote cast.

The Town of Coxsackie with 6 electoral Districts cast a total of 2844 votes and was billed by the County for $8,959.80, or $3.15 per vote.

The Town of New Baltimore with 4 electoral districts cast a total of 1679 votes and was billed $7,621.95, or $4.54 per vote.

Votes in favor of chargeback to the Towns: M. Luvera (Rep, Catskill), H Lennon (Dem, Cairo), E. Bloomer (Rep, Athens), M. Bulich (Rep, Catskill), G. Davis (Rep, Greenville), L. Gardner*, P. Handel (Rep, Durham), T. Hobart, J. Keller*, W. Lawrence*, C. Martinez (Rep, Coxsackie), L. Overbaugh (Rep, Catskill), J. Thorington (Ashland, Jewett, Prattsville, & Windham).

Vote against the chargeback to the Towns: Patrick Linger (R, New Baltimore)

Election Year 2022

In 2022, the total amount billed to Greene County municipalities was $127,310.82 (GC R 444-22, adopted by vote of 12 in favor, 2 against. (See Table 2, below.)

Coxsackie was billed $14,411.91 for 2653 votes, or $5.43 per vote. New Baltimore was billed $11,403.36 for 1573 votes, or $9.83 per vote. (Catskill intentionally left out of the cost-per-vote here but was billed $32,837.29)

Votes in favor of chargeback to the Towns: M. Luvera (Rep, Catskill), H Lennon (Dem, Cairo), M. Bulich (Rep, Catskill), G. Davis (Rep, Greenville), L. Gardner*, P. Handel (Rep, Durham), T. Hobart (Rep, Coxsackie). J. Keller*, W. Lawrence*, D. Legg (Dem, Holcott, Lexington, Hunter), H. Lennon (Dem, Cairo), J. Lucas (Rep, Catskill), C. Martinez (Rep, Coxsackie), J. Thorington (Ashland, Jewett, Prattsville, & Windham), S. True (Rep, Cairo).

Vote against the chargeback to the Towns: E. Bloomer (Rep, Athens), Patrick Linger (R, New Baltimore)

Election Year 2023

In 2023, Greene County by Greene Legislature Resolution billed towns a total of $53,151.37 for election services with legislators voting 6 in favor, 2 against. (See Table 2, below.)

The Town of Catskill was billed $11,871.20 for 2600 votes, or $9.20 per vote; Coxackie received a bill for $6,583.16 for 1062 votes, or $5.52 per vote, and New Baltimore $7,384.87 for 1013 votes, or $7.29 per vote.

Votes in favor (ayes) of chargeback to the Towns: M. Luvera (Rep, Catskill), H Lennon (Dem, Cairo), P. Handel (Rep, Durham), D. Legg (Dem, Holcott, Lexington, Hunter), J. Lucas (Rep, Catskill), S. True (Rep, Cairo).

Vote against the chargeback to the Towns: E. Bloomer (Rep, Athens), Patrick Linger (R, New Baltimore)

Immediately after passing that resolution, the Committee reappointed Brent Bogardus to be Republican commissioner of elections.

Once again, Supervisor Ruso puffs up and states at a recent town board meeting: “I am considering perhaps at the next meeting putting forth a resolution … to express the feelings of the Board about them charging us $12,000 [sic] when they got $11 million they didn’t expect.” Mr Ruso has some difficulty with numbers so I’ll refer you to the figures above. They’re accurate.

He never proposed a resolution nor did any member of the New Baltimore Town Board (VanEtten, Downes, Kash, Sottolano) propose a resolution to go to the Greene County Legislature protesting the practice of chargebacks for election services.

Greene County Legislator Patrick Linger confirms that the majority of the 62 counties do not charge back election services; only 11 counties charge back election services costs to taxpayers. (We have contacted the New York State Association of Counties for information they may be able to provide regarding counties and chargebacks.)

New Baltimore Town Supervisor Ruso goes on to say, “I may reach out to my fellow Town Supervisors to see if they would want to sign on to such a thing.” On information and belief, Mr Ruso never followed up on that since January 22, 2024.

Well, New Baltimore Supervisor Jeffrey Ruso and the sleepy New Baltimore Town Board dropped the ball again, and never contacted anyone, least of all his fellow supervisors and mayors in Greene County, so we did it for them. We sent Green County town supervisors and village mayors this information and we’re waiting to hear from them.

In the meantime, you might consider contacting your town board and your county legislator to find out what’s going on and what they’re trying to hide with this best kept secret by the County Legislature and the Greene County Board of Elections.

And remember, your Greene County legislators will be looking for your vote in November, and if they have their way, you’ll be paying for it!

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Posted by Principal Editor on April 23, 2024 in Smalbany

New Baltimore Town Attorney Michelle Storm: Legally Blonde

23 Mar

Over the past several years, the Town of New Baltimore has gone through several Town Attorneys. We’re not certain what the selection criteria are that the Town applies, but they certainly are not very demanding or rigorous. Current Town Attorney Michelle Storm gets put in her place by a New Baltimore resident during public comment.

The present New Baltimore Town Attorney is Michelle A. Storm. Storm is an attorney at Monaco Cooper Lamme & Carr, PLLC and concentrates her practice in the area of professional liability, elsewhere we read that she specializes in personal injury and medical malpractice — basically ambulance or hearse chasing — and basic defense legal issues. Her profile also mentions that she is Town Attorney to several towns in upstate New York, advising on local laws, town resolutions, and counseling Town boards and municipal departments on all legal matters. Is she really doing that for New Baltimore?

This latter mention is troubling because she appears to have missed the fact that Janet Kash invoked Legislative Law, particularly §66-a, as the basis for abstaining from important votes on the Town Board, Storm may be a great ambulance chaser but when a Town Board member’s head is on the block, shouldn’t the Town Attorney step in with some sort of comment? Another point would be that Resolution 53-2024 was allegedly reviewed, reworded, and passed by Storm but its wording appears to be by a third-grader, a fact noted by Town Board member Sottolano, who wanted to amend the resolution.[1]

In 2022, Storm ran for Town Justice in the Town of Malta (Saratoga County), and lost to James A. Fauci. Again, she’s a real legal Olympian, isn’t she?

At the Town of New Baltimore Organizational Meeting of January 1, 2024, the Town Board passed Resolution 08-2024, Appointment of Attorney for the Town, which reads:

BE IT FURTHER RESOLVED, that Michelle Storm, Esq. is hereby retrained as Attorney for the Town of New Baltimore for the year 2024 at the annual rate of $16,000, payable monthly, to provide such legal services as the Town Board deems necessary pursuant to her proposal which is annexed hereto[2] and is fully incorporated herein. Additional legal services outside the scope of the Retainer Fees shall be billed at the hourly rate of $300 per hour for Partners,[3] $250 for Senior Associates, $175 for Associates, $110 for Law Clerks, and $90 for Paralegals. The Supervisor is hereby empowered to sign and accept said proposal.

The appointment of Michelle A. Storm to be Town Attorney was unanimous with all five Board Members voting in favor of the appointment.

An exchange between a Town of New Baltimore resident and Storm took place at the March 11, 2024, regular public meeting of the Town Board, and is reproduced below. The point to keep in mind is that Storm insists that there is no difference between legal information and legal advice, which the resident insists there is.

Who do you think comes out on top?

Vadney: In sum: I charge that Councilperson Kash and the New Baltimore Democratic Committee under the chairmanship of Eileen Vosburgh, and with the knowledge or belief that Kash when nominated, throughout her campaign, and even after having been elected to the Town Council, knew or believed she would be impaired in fully representing this constituency in the work and activities of this Town Council.

I further charge that Kash, the Democratic Committee, Vosburgh, and others knew or should have known of the impediment and impairment but did not reveal it to the public, concealing the fact.

And I further charge that by doing so, the public was defrauded by Kash, the Democratic Committee, and Vosburgh. The simple definition of fraud is: A deliberate scheme to obtain a gain or a benefit or advantage by using false statements or concealment. And I see we have the Town Attorney here, and I would say: Correct me if I am wrong.

Michelle Storm (Town Attorney): Well, I’m not going to correct you. I don’t give advice to you or the members of the public. I advise the Board when asked.[4]

Vadney: Good. OK.

Michelle Storm (Town Attorney): But that said, public comment is an opportunity for you to speak and the Board to hear, and I think that’s what just took place. So, I mean…obviously, this Board is very engaging with the public, and does respond but there is absolutely no obligation for public comment to be even offered. [unclear]

Vadney: OK. Fine.

Michelle Storm (Town Attorney): I’m not going to give you legal advice.

Vadney: No. No. I’m not asking for legal advice; it was legal information. Make a distinction between legal advice and legal information.

Michelle Storm (Town Attorney): You’re lawyering that but there is no difference.

Vadney: I’m sorry but there is. We can take this to a different level. So…

Ruso: [interrupting] If you would sum up, please.

The point made in favor of the resident and to the detriment of the Town Attorney is: How reliable, how good is an attorney if she doesn’t even know the difference between legal information and legal advice?

Here’s what law schools and legal scholars agree on regarding the difference between legal information and legal advice:

One critical difference between legal information and legal advice is that legal information does not establish an attorney-client relationship. Legal information allows a person to draw their own conclusions as to the interpretation of the law, allowing persons to decide how best to apply it in their case.

The legal information/legal advice dichotomy begins with this basic definition: Legal information: Facts about the law and the legal process. Legal advice: Advice about the course of action a client should take to further his or her own best interests

A series of three subsidiary definitions help users apply the basic definition correctly:

Now you know more than the Town Attorney knows. Maybe you should be sitting at the Council table providing legal services.

So, fellow citizens, residents, and taxpayers. What do you think of our Town Attorney? We’ll be sure to point these facts out to her at the next Town Board meeting and provide her with some documentation proving our points.

Notes:

[1] Given the actual purpose of Resolution 53-2024, even given the wording passed by Storm, I didn’t feel that it really required amendments to serve its purpose.

[2] No such proposal is attached to the resolution or to the minutes.

[3] Storm is a so-called partner in the firm.

[4] You really have to wonder why the Board didn’t ask her, don’t you? This is serious legal stuff here and no one is asking the Town Attorney for advice on the charge of fraud being leveled against a sitting Town Board member? WTF!

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Posted by Principal Editor on March 23, 2024 in Smalbany

You said that! Undisputable facts.

22 Mar

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This article discusses how:
Rookie New Baltimore Board member Janet K. Kash meets legal requirements of Fraud and violation of oath of office, meriting removal from office and prosecution.
New Baltimore Democratic Committee meets requirements of fraud and betrayal of public trust.
Greene County Democratic Committee meets requirements of fraud and betrayal of public trust.
New Baltimore Town Board was negligent and indifferent to public interest, betraying the public’s trust.

Please take your time and read these statements carefully to ensure you understand them completely. They are serious and need your public support if we are to ensure voter confidence in our electoral process and the integrity of elections. In 2024, a president will be elected. It is an election that may be the most important election in American history, and may be the most important political event in human history.

Let’s not prove Winston Churchill’s statement to be correct when he said:
“The best argument against democracy is a five minute talk with the average voter.”

Be the exception, don’t be average, be informed and stay in touch with reality. It may be difficult but you can do it!

The undisputable facts are:

Janet K. Kash before her nomination to be a candidate for the elected public office as New Baltimore Town Board member:

Kash claimed to be an active NYS Senate employee or legislative employee for more than 30 years;
Kash was aware of the provisions of New York state law governing the conduct of Senate employees or legislative employees;
Kash was aware that Senate employees or legislative employees were prohibited by law from engaging in certain activities;
Kash was aware of the role of the Town Board and the duties and responsibilities of a Town Board member;
Kash was deputy-chair of the New Baltimore Democratic Committee;
Kash was known to the Greene County Democratic Committee.

Conclusion: Before her nomination by the New Baltimore Democratic Committee, Kash knew that she was prohibited from certain activities; the New Baltimore Democratic Committee and the Greene County Democratic Committee knew or should have known that Kash, as an alleged active Senate employee or legislative employee, might be prohibited from certain activities that were part and parcel of the work of a Town Board member.

According to the Greene County Democratic Committee website: “Each town has an active Democratic Town Committee who administers the duties necessary for free and fair elections, transparent campaigns, and recruits, trains, and supports candidates who represent our democratic values.

After Kash was nominated to be a candidate for the elected public office as New Baltimore Town Board member, and given that all of the above statements are repeated here as if in their entirety:

Kash was an active NYS Senate employee or a legislative employee;
Kash was aware of the provisions of New York state law governing the conduct of Senate employees or legislative employees;
Kash was aware that Senate employees or legislative employees were prohibited from engaging in certain activities;
Kash was aware of the role of the Town Board and the duties and responsibilities of a Town Board member;
Kash was aware and believed that as an active NYS Senate employee or legislative employee provisions NYS Legislative Law prohibited her from engaging in certain work or activities in the status of Town Board member;
Kash was aware and believed that NYS Legislative Law prevented her from participating in certain work and activities of the New Baltimore Town Board.

After Kash was nominated to be a candidate and while campaigning for the elected public office as New Baltimore Town Board member, and given that all of the above statements are repeated here as if in their entirety:

Kash was an active NYS Senate employee or a legislative employee;
Kash emphasized the fact that she was an alleged active NYS Senate employee or legislative employee for more than 30 years;
Kash made the allegation of being a active NYS Senate employee or legislative employee as a positive qualification to be elected and expecting voters to respond favorably to that information;
Was aware of the provisions of New York state law governing the conduct of Senate employees or legislative employees;
Kash concealed her understanding and belief that as an active NYS Senate employee or legislative employee she was prohibited from engaging in certain work and activities of the Town Board;
Kash concealed from voters the understanding and belief that as an active NYS Senate employee or legislative employee she Kash be prohibited by law from participating in certain work and activities of the Town Board.
Was aware or believed that Senate employees or legislative employees were prohibited from engaging in certain activities, including certain work and activities of the Town Board;
Kash was aware of the role of the Town Board and the duties and responsibilities of a Town Board member;
Kash was aware or believed that as an active NYS Senate employee or legislative employee provisions NYS Legislative Law prohibited her from engaging in certain activities incumbent upon her as a Town Board member;
Kash was aware or believed that NYS Legislative Law prevented her from participating in certain work and activities of the New Baltimore Town Board.
Throughout her campaign, Kash was aware or believed that she was prohibited by NYS Legislative Law from participating in the work or activities of the Town board.
At no time during the entire campaign process or period did Kash make known her belief or awareness of the above prohibition.

Conclusions: Based on the above facts, and given that all of the above statements are repeated here as if in their entirety;

Kash as an active NYS Senate employee or legislative employee knew or believed that she was subject to certain provisions of NYS Legislative Law that prohibited her from certain activities.
The New Baltimore Democratic Committee and the Greene County Democratic Committee knew or should have known that then Democratic candidate for elected public office of Town Board member, Janet K. Kash, was an active NYS Senate employee or legislative employee and that Kash knew or believed that she was subject to certain provisions of NYS Legislative Law that could or would, on information and belief, prohibit Kash from engaging in certain work or activities of the Town Board.
The New Baltimore Democratic Committee and the Greene County Democratic Committee, and Kash concealed that information from voters during Kash’s campaign;
The New Baltimore Democratic Committee and Greene County Democratic Committee, and Kash presented only partial information to voters regarding Kash’s status as an active NYS Senate employee or legislative employee, expecting that the information provided would have a positive impact on voters’ choices.
New Baltimore Democratic Committee and Greene County Democratic Committee, and Kash had reasonable cause to belief that if Kash’s impairments were made public, that knowledge would have a negative effect on Kash’s electability;
New Baltimore voters were deceived and defrauded by the concealment of certain relevant information by the New Baltimore Democratic Committee and the Greene County Democratic Committee, and Kash;
New Baltimore voters reasonably relied on the information, though inaccurate and partial, provided by New Baltimore Democratic Committee and Greene County Democratic Committee, and Kash, and elected Kash.
If New Baltimore voters had information relating to Kash’s own information and belief relating to provisions of NYS Legislative Law prohibiting her from certain activities as Town Board member, Kash would likely not have been elected.
The New Baltimore Democratic Committee and Greene County Democratic Committee, and Kash concealed relevant and important information from voters in order to win the election.

After being elected, Kash continued to be aware or to believe that she, as an active NYS Senate employee or legislative employee, was subject to certain provisions of NYS Legislative Law, that would prohibit her from participating in certain work or activities of the Town Board, and given that all of the above statements are repeated here as if in their entirety:

Kash was an active NYS Senate employee or a legislative employee;
Kash aware of the provisions of New York state law governing the conduct of Senate employees or legislative employees;
Kash was aware that Senate employees or legislative employees were prohibited from engaging in certain activities;
Kash was aware of the role of the Town Board and the duties and responsibilities of a Town Board member;
Kash was aware or believed that NYS Legislative Law prevented her from participating in certain work and activities of the New Baltimore Town Board;
Kash continued to conceal the knowledge or her belief that she was prohibited by NYS Legislative Law, and prevented her from participating in certain work and activities of the New Baltimore Town Board;
In December 2023, more than one month after having been elected, Kash verified her belief and information that as an active NYS Senate employee or legislative employee she was prohibited by NYS Legislative Law, and that certain provisions of that law prevented her from participating in certain work and activities of the New Baltimore Town Board;
Kash continued to conceal that verified information from the public;
Either Kash informed the New Baltimore Democratic Committee or the Greene County Democratic Committee, or Kash concealed the verified information from them or she informed them of the verified information, but they concealed her verified information from the Town Board and from the public;
The New Baltimore Democratic Committee and the Greene County Democratic Committee did not make known the fact of Kash’s then verified and confirmed prohibited activities that would upon Kash’s information and belief at the time, would prevent Kash from engaging in certain work or activities of the Town Board;
In December 2023, more than one month after being elected, Janet Kash continued aware and to believe that as an active NYS Senate employee or legislative employee she was prohibited from certain activities as a Town Board member, and at that time believed that information to be confirmed and verified by the NYS Legislative Ethics Commission.

Janet K. Kash Swore an Oath or Affirmation of Office and accepted or assumed the duties and responsibilities of New Baltimore Town Board Member, and at the time of making her oath or affirmation, and accepting or assuming the duties of public office, and given that all of the above statements are repeated here as if in their entirety:

Kash was an active NYS Senate employee or legislative employee and subject to the provisions of NYS Legislative Law, and believed herself to be prohibited from participating in certain work or activities of the New Baltimore Town Board;
On January 1, 2024, Kash made her solemn oath or affirmation of office, thus assuming and accepting without limitation, express or implied, the duties and responsibilities of an elected public officer in the capacity of Town Board member;
Kash made her solemn oath or affirmation of office still of the belief that as an active NYS Senate employee or legislative employee she was prohibited by certain provisions of NYS law that prevented her from participating in certain work or activities of the New Baltimore Town Board;
Prior to making the solemn oath or affirmation of office Kash did not disclose the fact of her belief and at the time verified and confirmed fact of her prohibition by certain provisions of NYS law, from participating in the work or activities of the Town Board;
The fact of Kash’s prior belief and knowledge of the prohibitions became known to the public or to the New Baltimore Town Board only when Kash announced her abstention from a vote to be taken at the Organizational Meeting of the Town of New Baltimore on January 1, 2024, shortly after Kash made her solemn oath or affirmation of office;
The fact of Kash’s continuing awareness and understanding of the prohibitions of NYS law applicable to her as an active NYS Senate employee or legislative employee and as a member of the Town Board was made clearly public on February 26, 2024, when Kash repeated her still held understanding and belief that she was prevented by NYS law from participating in a vote to be taken by the New Baltimore Town Board, and she abstained from that vote.
On February 26, 2024, Kash believed that she was prohibited by NYS law from participating in certain work or activities of the New Baltimore Town Board.

The challenges brought by an aware New Baltimore Resident:

On or about February 29, 2024, shortly after Kash’s abstention from the New Baltimore Town Board vote on Resolution 52-2025 (passed as Resolution 53-2024), a concerned New Baltimore resident challenged Kash to provide the provision of NYS Legislative Law on whish Kash relied to establish her impairment as Town Board member;
In response, and for the third time, Kash stated that she would contact the NYS Legislative Ethics Commission for guidance;
In December 2023, Kash alleges to have contacted the Commission, and at that time alleges to have received confirmation or verification of her impairment;
In January 1, 2024, Kash alleges publicly, that she could not participate in the work or activity of the Board, again because of an alleged impairment under NYS Legislative Law and her status as an active NYS Senate employee or legislative employee;
Again, in February 26, 2024, Kash alleges publicly, that she could not participate in the work or activity of the Board, again because of an alleged impairment under NYS Legislative Law and her status as an active NYS Senate employee or legislative employee;
On all three occasions, Kash states that she had or would contact the Commission for guidance, but on at least two of those occasions, that is, in January and in February, did not.
Only after challenge on February 29, 2024, by a New Baltimore resident did Kash again state her belief that she was impaired by NYS Law but would contact the Commission for guidance;
On March 1, 2024, Kash responded to a follow-up by the New Baltimore resident in an email stating that she, Kash, received information from the Commission that she was mistaken and that she was able to participate in the vote in question;
On March 1, 2024, Kash referred to a so-called booklet and to NYS Legislative Law 66-a, which, she alleged permitted her to vote.
On March 1, 2024, the New Baltimore Resident responded that Leg Law section 66-a, did not apply to the vote(s) in question, that 66-a was inapplicable and Kash could not rely on 66-a as a defense or a justification.
On March 4, 2024, the New Baltimore Resident filed an 18-page Complaint with the NYS Board of Elections, the Greene County Board of Elections, the Greene County District Attorney, the Greene County Attorney, the Chair of the Greene County Legislature demanding an inquiry and investigation into possible fraud in the New Baltimore 2023 elections and the election of Janet K. Kash (D) to the New Baltimore Town Board.
On March 11, 2024, at the regular public meeting New Baltimore Town Board the issues were presented by the New Baltimore resident in public comments; Kash responded that her conduct was the result of “honest mistake;”
On March 11, 2024, the resident pointed out in public comment and in subsequent publication that the defense of “honest mistake” could not be relied upon in Kash’s case.
A number of publications on the allegations have appeared on social media and on a leading online magazine and blog.

Conclusions based on the facts:

Town Board member Janet Kash defrauded the people of the Town of New Baltimore in order to be elected to the New Baltimore Town Board by concealing her understanding or belief from the voting public and others that she was prevented by provisions of New York state law, due to her status as an active NYS Senate employee or legislative employee, from participating in certain work or activities of the New Baltimore Town Board.

Town Board member Janet Kash, because of her malfeasance and misdemeanor, swore her oath or affirmation of office in bad faith and almost immediately violated her oath or affirmation of office substantially and constructively, since she was understood and believed that she was prohibited from participating in certain work and activities of the Town Board but concealed that fact.

The New Baltimore Democratic Committee and the Greene County Democratic Committee knew or should have known of Kash’s status as an active NYS Senate employee or legislative employee and of the possible, potential, actual, or suggested conflicts with her status as Town Board member but they took no action and so are complicit in constructive fraud.

The New Baltimore Democratic Committee is an arm and organ of the Greene County Democratic Committee and subject to censure by the Greene County Democratic Committee; the Greene County Democratic Committee is “governed by the county legislature,” that is by the Greene County legislature, and subject to the laws of the State of New York, particularly election law. Given the admissions by the Greene County Democratic Committee of their responsibility to vet Democratic candidates for elected public office, the Greene County Democratic Committee must be censured by the Greene County Legislature and the NYS Democratic Committee for failing in their duty to the public, and for the resulting erosion of electoral integrity and voter confidence. The Greene County Board of Elections and its commissioners, Bogardis (R) and Metzler (D), are responsible for certifying candidates and elections in the County of Greene. All of the bodies named have failed in their duties to the public and particularly in ensuring the integrity of candidates for public office and of public elections.

According to the Greene County Democratic Committee webpage: “We are comprised of 14 towns and governed at the County level by a County Legislature.”

Finally, it is the duty of the Greene County District Attorney, Joseph Stanzione, with the cooperation of the Greene County Sheriff’s Office, under the leadership of Sheriff Peter Kusminsky, and its Criminal Investigation Unit, to investigate these allegations and to prosecute the guilty.

It is the duty of the Greene County Attorney, Edward Kaplan, Esq., to advise and assist the Greene County Legislature, under the chairmanship of Patrick Linger, and the Greene County Board of Elections, under commissioners Brent Bogardis (R) and Marie Metzler (D), and to assist in the investigation and prosecution of the above allegations in their respective areas of competency, particularly as concerns the role of the Greene County Legislature and the Greene County Board of Elections, and oversight of the Greene County Democratic Committee and the New Baltimore Democratic Committee and their roles as political committees and promoters of candidates for elected office.

Finally, it is the duty of the NYS Legislative Ethics Commission and its officers and attorneys, to investigate their procedures, since Janet K. Kash alleges that she was misinformed and received “bad advice” from the Commission, and that there was a “misunderstanding,” leading to the present situation. Moreover, Kash alleges that the NYS Legislative Ethics Commission was not fully competent to provide her with advice or guidance, since the Commission deals mainly with “Public Officers law,” and does not have expertise in legislative law. Kash attempts to substantiate that allegation by adding that the Commission had to consult with Senate Counsel to get the correct information. We would like to note that both the Commission and Senate Council have been informed throughout this proceeding. Whether that statement is credible remains to be confirmed.

In a presidential election year following midterm general elections that were highly conflicted and tainted in November 2023, these issues are paramount and must be resolved effectively, efficiently, and definitively if voter confidence in the electoral process is to be preserved.

Recent comments made by members of the Greene County Legislature with regard to the accuracy and reliability of voter registration rolls causes some considerable concern, and will be addressed more specifically in an upcoming article here on the Smalbany Magazine and Blog. We will name to shame, make no mistake about it, Legislators!

Thank you for supporting our mission and becoming more involved in our community.

2 Comments

Posted by Principal Editor on March 22, 2024 in Smalbany

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Our elected public officers, the members of the Greene County Legislature, are mini-dictators, mini-tyrants once they think they have power. Servants on the campaign trail when they’re begging for your vote but the wolves drop the sheep’s clothing once they take their seats in the legislature!

Greene County Elections Commissioners Can’t Justify their 11-Year Old Voting Machines Failures So They Point Fingers.

Greene County Legislators Appointed Bogardus And Mezler And Refuse To Hold Them Accountable!

Here’s what the resident had to say: (Video courtesy of Ms. Anna Brouker of the NYCA)

Read the full, uncensored version below:

Let your own minutes speak for me. Would it have been too much to ask this Legislature to have drafted its own resolution? Are you sitting here so you can copy and paste?[6]

On April 12, 2024, I sent that same draft proposed resolution to every Greene County legislator, every one of you, noting Mr Linger’s response as well.

Not a single one of you acknowledged receipt of that communication. I wonder if any of you even bothered to read it.

Consider for one moment the very real possibility that if the quality of voter rolls and the integrity of elections are not assured, you may very well be sitting where you are unlawfully!

You need to send the resolution!

See Our Other Recent Articles On This Subject

Notes:

Other Quotes from the Official Minutes

Quotes from the Official Minutes of the County Services Committee of the Greene County Legislature on January 8, 2024:

Quotes from the Official Minutes of the County Services Committee of the Greene County Legislature on February 12, 2024:

Your Legislators Talking to Residents Making Public Comment. Respect for Free Speech? Not in the Greene County Legislature!

Quotes from the Official Minutes of the County Services Committee of the Greene County Legislature on April 8, 2024:

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The Greene County Board of Elections Thumbs Its Nose to Towns

(See James H. Svara (1999) Politics-Administration/Officials-Citizens: Exploring Linkages in Community Governance, Administrative Theory & Praxis, 21:3, 309-324, DOI: 10.1080/10841806.1999.11643380)

The Greene County Legislature Was Very Well Informed of the Situation

The Greene County Legislature Didn’t Even Bother to Write a Resolution!

The available evidence shows at least 4 situations:

What is Violence? Violation as Violence.

Terrorism

So, what should you understand when you hear the word violence?

Violence as Violation

I identify three distinct rights that are being adversely affected by an act of violative violence.

Domestic Terrorism.

Conclusions

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We have drawn the following conclusions from our extensive study of the documents and the concepts applicable to the case:

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Law enforcement and the courts have been weaponized, and work against citizens and their cherished rights. Elected public officers regularly abuse their offices and corruption is rampant, riding roughshod everywhere from the local village to the highest offices in Washington.

Citizens, particularly working class, veterans, and the elderly now are second to illegal aliens.

The NYS BoE letter to County Boards of Elections, Commissioners, Directors, and Staff

The only “bad actors” in this sitcom are the clowns at NYS BoE and the county boards!

The Greene County Board of Elections

The New York Citizens Audit Presentation on February 12, 2024

The Greene County Legislature and the County Services Committee

Links to Documents Cited in this Article

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We have researched and published all the information you need to form a well-informed opinion of what’s going on in Catskill and in your town or village.

The fact that the state Board audits the county Boards is a bit like putting the fox to guard the henhouse.

Why don’t they want to demand quality in our elections? It’s a presidential election year, people, don’t we need to make certain our ducks are in a row?

So, all that being said, here’s the contact information you’ll need to contact your Greene County legislator or, if you don’t live in Greene County but want to urge them to act, please let your voice be heard.

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Believe it or not, we are at fault for all of this, not the frauds and misfits we hand over control of our lives to. The culprits aren’t there on their own merits, they’re there because we trusted and believed them, and we put them there.

Don’t we remember the motto, “E pluribus unum,” out of many, one, the traditional motto of the United States. It appears to have mutated to out of one, many, a ‘me first’ culture — ex uno multis, out of one, many — and screw the rest of you!

We, as citizens, are being divided and conquered. We are exposed to evil divisiveness on a daily basis by the very people who have the duty to serve us, not themselves. Urgent corrective measures are needed, FAST.

Who is running Greene County? The Legislature or the Board of Elections Commissioners? It’s certainly not the people!

The County Board of Elections is Responsible for Voting Machines

It’s time to ask the question: Who is running the Town, the County anyway?

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It wasn’t the Resolution that FailedIt was the Legislature and the Reporting that Failed

A few words on the actual resolution as a resolution.

That’s the Greene County Legislature doing what it does best: nothing.

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Greene County Democratic Process, Voting & Elections Paying for the Privilege of Voting

In this article, we report on the situation in Greene County and name names to shame.

Election Year 2020

Election Year 2022

Election Year 2023

And remember, your Greene County legislators will be looking for your vote in November, and if they have their way, you’ll be paying for it!

The point made in favor of the resident and to the detriment of the Town Attorney is: How reliable, how good is an attorney if she doesn’t even know the difference between legal information and legal advice?

The undisputable facts are:

Janet K. Kash before her nomination to be a candidate for the elected public office as New Baltimore Town Board member:

After Kash was nominated to be a candidate for the elected public office as New Baltimore Town Board member, and given that all of the above statements are repeated here as if in their entirety:

After Kash was nominated to be a candidate and while campaigning for the elected public office as New Baltimore Town Board member, and given that all of the above statements are repeated here as if in their entirety:

The challenges brought by an aware New Baltimore Resident:

Conclusions based on the facts:

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Who is running Greene County?
The Legislature or the Board of Elections Commissioners?
It’s certainly not the people!

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It wasn’t the Resolution that Failed
It was the Legislature and the Reporting that Failed

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Greene County Democratic Process, Voting & Elections
Paying for the Privilege of Voting