BREAKING: NY GOP Nominee for U.S. Senate in Jeopardy as Judge Halts Election Certification
EDNY Judge Reyes Blocks Certification Amid Claims of Voter Disenfranchisement. Hearing Set For July 12.
By Dick LaFontaine and Richard Luthmann
BROOKLYN, NEW YORK - In a dramatic development, a federal judge has halted the certification of New York's Republican U.S. Senate primary, leaving the party’s nominee in limbo. Judge Ramon E. Reyes signed an order earlier today, effectively staying the certification of the June 25 primary results until at least July 12, when further court hearings will take place.
Over fifty named voters, along with tens of thousands of other supporters of grassroots candidate Cara Castronuova, sought relief in federal court on behalf of the state's over three million registered Republicans.
The plaintiffs say Republicans were denied the opportunity to write in the candidate of their choice during the primary election for U.S. Senator, a contest that was never actually held.
They also want the primary election reset for September 10, 2024, with proper ballots that include Castronuova’s name or a write-in option. They argue that the New York State Board of Elections (NYSBOE) and New York State Attorney General’s Office (NYAG) grossly violated their rights and that they deserve the opportunity to vote for their chosen candidate.
Judicial Assurances and Failures
From June 20 to June 25, these registered Republicans tried to exercise what they believed was their right to write in a candidate, a right affirmed by Judge Reyes in his May 9 decision. Judge Reyes had previously ruled that Castronuova’s name did not need to appear on the ballot because voters could write her in. This decision was based on NYAG and NYSBOE assurances that there would be a write-in option.
“As Defendants noted on the record at the April 10 hearing, Plaintiffs may indeed campaign for the election of Ms. Castronuova in the Primary,” Judge Reyes wrote. “Should Ms. Castronuova’s name not appear on the ballot, her supporters that wish to vote for her in the Primary may indeed write her name in.”
However, the NYSBOE did not inform Republican voters about the write-in option and failed to provide ballots. Early voters found no means to write in Castronuova’s name.
“The Board of Elections has taken no steps whatsoever to adhere to the federal court's order,“ Plaintiff John Tabacco claimed in his affidavit.
This led to accusations of voter disenfranchisement and a series of legal battles.
Emergency Court Proceedings
The emergency unfolded during New York’s early voting period. Sitting as an emergency judge in Manhattan, Justice Brendan Lantry highlighted the NYSBOE's failure.
“Judge Reyes explicitly stated that the supporters of Cara Castronuova will be able to vote at a primary election. But no primary election has been effectuated,” he noted.
Despite recognizing the issue, Justice Lantry admitted he lacked the authority to issue restraining orders in federal election matters and directed the litigants to the federal court steps.
Legal Battle and Plaintiffs’ Claims
The ongoing ballot access legal case, Cara Castronuova and John Tabacco v. Ed Cox, New York Republican Committee, and New York State Board of Elections, created these unfulfilled constitutional assurances. The April 10 transcript clearly shows attorneys from NYAG and NYSBOE promising a write-in option for the primary election. These promises were pivotal in Judge Reyes’ decision to deny Castronuova a place on the ballot.
Tabacco and over fifty named plaintiffs, including Laura M. Schmitt, Aura A. Moody, and Teresa M. Helfrich, among others, are all registered Republican voters. They argue their rights were violated when they were denied the opportunity to write in Castronuova’s name.
“The representations by the NYAG, NYSBOE, and NYSRC induced reliance by This Court as to the propriety and constitutionality of the Republican Party Primary Elections process for the Public Office of United States Senator,” the Complaint states.
This new voter lawsuit details how some plaintiffs tried to vote but faced opposition from election officials. In contrast, others did not attempt to vote because the NYSBOE advertised no Republican primary for the U.S. Senate.
“Some Plaintiffs tried to vote in the Primary Election and encountered opposition from NYSBOE and local elections officials and jurisdictional limitations from N.Y.S. Supreme Court Justices,” the complaint states.
Castronuova herself sought relief from the New York State Supreme Court, Nassau County, but was denied. Justice Gary F. Knobel, in a heated exchange, shooed her away.
“Oh, I see, so he knows more than I do because he is a federal judge, and I am a state judge?” said Justice Knobel, whose courtroom in Mineola is across the hallway from Justice Lisa A. Cairo, daughter of Nassau County GOP Chair and Ed Cox loyalist Joe Cairo.
Queens, Nassau, and Suffolk County’s GOP committees came out strong for Cox’s choice, Michael Sapriacone, a former cop who gave money to NYAG Letitia James’s campaign to “Get Trump.”
“Sapriacone is as RINO as RINO can get. Look at the FEC forms. The day after Peter King said he should drop out of the race, his campaign gave $25,000 to Ed Cox and the NYRSC. On top of that, he paid another $25,000 to the Cullen Dykman lawyers to stifle choice by the Republican Party grassroots voters - who will choose Cara Castronuova and America First one hundred times out of one hundred,” Tabacco said.
Threats Against Justice Lantry
In a troubling twist, the case revealed that John Haggerty, a convicted felon associated with GOP Chairman Ed Cox, allegedly threatened Justice Lantry. Haggerty reportedly warned of filing a baseless judicial grievance against Lantry if he entertained the Tadacco and others’ voter cases for write-in ballot access.
This outlet exclusively obtained a recent FOIL request from the NYSBOE confirming the ongoing investigation into Haggerty’s election manipulation in the 2022 New York Gubernatorial Election.
Haggerty’s actions, viewed by many as judicial extortion by political forces, underscore the contentious nature of the dispute and the lengths to which some have gone to prevent Castronuova’s candidacy.
Seeking Relief and Upcoming Hearings
Despite the clear directive from Judge Reyes, the NYSBOE did not hold a write-in election. “Defendants lied to an Article III U.S. District Court Judge, saying there would be a write-in option for voters,” the complaint asserts. The plaintiffs claim that this breach of a judicial promise led to their disenfranchisement and the denial of their voting rights.
“Republican Party Voters from across New York State [were] denied the franchise and the opportunity to write in the candidate of their choice – the judicial promise made by the NYAG, NYSBOE, and NYSRC, relied upon by This Article III Court and solemnized by the published Decision and Order dated May 9, 2024,” the filed documents state.
The Plaintiffs received a stay until the parties can be heard before Judge Reyes next Friday, July 12.
“The NYSBOE and NYAG are in a state of limbo. If they try to certify the election while this application is still pending, they risk drawing the further ire of Judge Reyes, who they weren’t completely honest with in April,” said a noted New York Election Lawyer on conditions of anonymity.
The Court will consider the preliminary injunction to stop the NYSBOE from certifying the primary election results at next Friday’s hearing.