Lawsuit filed to get Kimmel off GOP line
By NATHAN BROWN, Enterprise Staff WriterArticle Photos
Three Janet Duprey supporters who are challenging David Kimmel's Republican petitions have initiated Supreme Court proceedings to have Kimmel removed from the primary ballot, in addition to the challenge before the state Board of Elections.
The order to show cause was filed Tuesday and lists the Republican incumbent Assemblywoman Duprey, of Peru, as the "candidate aggrieved." It demands the respondents - Kimmel, of Cadyville, and the commissioners of the Board of Elections - show cause as to why Kimmel shouldn't be removed from the ballot. It will be heard at 9:30 a.m. Monday before state Supreme Court Judge Roger D. McDonough in Albany.
Mary Hollinshead, of Chateaugay, Earl Tom Sears, of Morrisonville, and Gary DeCelle, of Plattsburgh, filed the objections with the state Board of Elections as well as the lawsuit, and Duprey is listed as one of the petitioners on the suit.
Duprey said Thursday afternoon that she hadn't been involved in the objections, but a lawyer called her Monday evening and told her the Board of Elections would not be ruling on the matter, so a lawsuit was being prepared. When a challenge moves to the courts, Duprey said she was told, it is better for the candidate to be a party.
"As a non-attorney, I take the advice of people who are attorneys, and who practice election law, and are taking this case forward, and stepped in upon their request and recommendation," Duprey said.
Duprey said she had "no problem doing that. It is in my best interest for it be proven my opponent doesn't know how to do petitions right."
Kimmel has said he doesn't have the money for a legal challenge. He is on the Conservative line and has said he will stay in the race no matter what happens on the Republican line; Duprey is also on the Independence line, and has said she will also stay in. Rudy Johnson, of Malone, is the Democratic candidate. The Republican primary, if there is one, will be Sept. 14.
"We'll just let the voters decide if she wasn't involved but is now involved, if that's believable," Kimmel said. "I don't know if the average voter's going to believe it though. I'm still driving on toward the general election, and I'm happy that I'm on the ballot. ... What I saw during the petition drive is I'm going to beat her anyway, and this lawsuit can't really change that."
According to the 22-page filing says Kimmel's petitions say he is running for "114th Assembly District" but didn't specify the office, and lists 56 other alleged flaws with some of the petitions, such as problems with the dates, the signatures or the witnessing of the petitions.
The lawyer for the petitioners is James E. Walsh, of Schenectady, who also represented five Elizabethtown residents who challenged Kristy Sprague's Republican petitions to run in last year's primary for Essex County District Attorney.
This Supreme Court action is separate from what the Board of Elections is doing. Board of Elections workers are still going through the objections, said board spokesman John Conklin, and haven't yet scheduled a hearing on the challenges to Kimmel's petitions.
"It should be soon, but we have a lot of these," Conklin said. "We're doing eight or nine of these hearings a day."
Conklin said the courts usually wait until the Board of Elections makes a determination before ruling, "but the court can overrule whatever the Board of Elections does," he said.
State election law says a final ruling in such cases should be made five weeks before the election, if possible - Aug. 10, in this case.
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Contact Nathan Brown at 891-2600 ext. 26 or nbrown@adirondackdailyenterprise.com.
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snakepliskin
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08-02-10 5:42 PM
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Janet baby, Seems like your support of scuzzy last year in the election is comming back to bite you in the butt. I told you over the phone last year that it would. I hope you loose in a landslide!
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ConRep
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08-02-10 12:19 AM
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Dear Mrs. Duprey, what's not "right" about Dave Kimmel's petitions? Every single person that signed the petition knew that Dave is running for the 114th District of the New York State Assembly because that's what the petition clearly stated. And at least Dave Kimmel turned in petition that were signed by registered Republicans unlike many of yours. He also took the time to meet voters and circulate petitions. It seems like you are the one that can't do petitions "right" and you can't even bring yourself to circulate your own petitions.
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JEKimmel
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07-31-10 8:50 AM
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How sad and unfortunate.Very seldom do we get to hear of this behavior, it reminds me of someone saying they voted for it just before they voted against it...
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kckimmel
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07-31-10 12:44 AM
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Having covered local politics where I live for a number of years, may I say this is a silly and pathetic move on Ms. Duprey's and her "supporter's" parts? Obviously neither she nor they believe she can win on her merits. Thanks to all of you for your support of my big brother. He won't let you down!
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TLParent
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07-30-10 10:56 PM
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Bye bye Janet.
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FishCric
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07-30-10 7:10 PM
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no incumbants, vote. gimme back my money
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nny12972
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07-30-10 5:50 PM
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FWIW: All three of Janet's complainants are looooooooong time "directors" (or their family & associates) of the political machine which must be dismantled gear by gear. (Google Duprey campaign contributions 2006 to view them all). With respect to Janet's individual "known" acts, one need only look at her track record---a social activist to say the least....when I've contacted her office regarding getting back to fixing the state of the state, all I get is (generically) we're in the minority.....well, when I'm in the minority and I believe in my issues, I make dang sure they are HEARD loud and clear. I don't leave my constrituency wondering, and I don't hear anything from Janet but social engineering. ....so I'm "oiling" Dave Kimmel's and Doug Hoffman's gears! How did POTUS put it? IT'S TIME FOR CHABGE!
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Wendall
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07-30-10 5:10 PM
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The electorate will be denied a real choice until the Republican County Chair Mafia is broken up. Clean house.
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dooley
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07-30-10 12:36 PM
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You're running scared Janet baby. Resorting to surrogates to do your dirty work. I thought Democrats were the only ones to stoop to this type of backdoor politics. Ellis' fingerprints are all over this.
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Canmandan
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07-30-10 11:14 AM
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Desperate measure from desperate candidate. Why not let the people choose instead of resorting to backroom tactics?
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