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Battle Of Independence (Party, That Is) In 48th

February 1, 2008

A fight over the Inependence Party line, which could be pivitol in the 48th SD special election, is brewing and likely to end up in court.

The Jefferson County Independence Party announced this morning that it met last night and voted 8-0 to endorse Democratic Assemblyman Darrel Aubertine, while the Oswego County Independence Party is meeting later today and is expected to endorse Republican Assemblyman Will Barclay.

I reached state Independence Party Chairman Frank MacKay, who told me in no uncertain terms that he believes the Jefferson County endorsement is “illegal” and even went so far as to say that if the organization seeks to file a certificate of nominating for Aubertine, it would be “filing a false instrument.”

At the same time, there are questions being raised by the pro-Aubertine camp as to whether the Oswego County party, which was rather hastily formed not long ago, is even a legal entity.

As state Independence Party Vice Chairman Tom Connolly explained it, the state party’s rules say that in a district that spans more than one county, the county with the highest weighted vote, as determined in the last gubernatorial election, controls both endorsements and Wilson Pakulas (permission for non-Indy members to run on the Indy line).

In 2006, there were some 1,800 votes cast on the Independence Party line for Gov. Eliot Spitzer, compared to 1,500 in Jefferson County (the third county represented in the 48th, St. Lawrence, has no local Indy Party apparatus).

“If Oswego County votes, as expected, to back Barclay, then Barclay will be the candidate on the Independence Party line,” Copnolly said, with considerable confidence. “Those are the state party rules, and it’s backed up by case law.”

Connolly reminded me of a 2006 battle for the Independence Party line in the 20th CD between Democrat Kirsten Gillibrand and Republican (then incumbent) John Sweeney. Gillibrand lost that fight, and Sweeney was on Row C in the general election, which he lost in spite of having three lines to her two and a roughly 80,000 voter enrollment edge for the GOP.

Source: NY Daily News

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