War veteran loses legal battle over NY ballot
NEW YORK - NEW YORK (AP) — An Army veteran lost his legal battle Thursday against Gov. David Paterson to get on the Democratic ballot for a state Assembly seat.
Farouk Samaroo, who recently served in Afghanistan, had sued in federal court in Brooklyn to try to block the special election in a Queens district where the candidates were chosen by party bosses.
Representing himself at a court hearing Thursday, the 26-year-old Samaroo argued that the special election ordered by Paterson and the party's selection process were unfair and unconstitutional. Instead, he said there should be a primary where voters could choose from a field of Democratic and Republican candidates.
U.S. District Judge Kiyo Matsumoto ruled that the Sept. 15 election was valid. Samaroo wasn't harmed because he could run as an independent, she said.
The decision was "a victory for the Queens County Democratic machine," Samaroo said outside court. "However, it is not a victory for voters. ... I actually feel ashamed to call myself a registered Democrat."
He said it would be impossible to gather enough signatures by Aug. 26, the deadline for a petition to get on the ballot as an independent.
Because Paterson called for a special election instead of a primary to select party nominees, three Democratic party leaders in Queens chose the party's candidate, Michael Miller, in the district long dominated by their party. A special election provides the party more control over who gets the seat and avoids the cost and risk of an election in November, when a big turnout is expected for the New York City mayor's race.
The special election was ordered by Paterson, then rescinded, then made again in an embarrassing series of edicts. Paterson said the special election was set because it was "the most cost-effective, expeditious way" to fill the seat.
Local party leaders have said the special election is needed because Paterson plans to call legislative sessions beginning next month to deal with a $2.1 billion deficit.
"We are anxious to move forward and elect Michael Miller the next assemblyman for the 38th district so he can represent the issues that are important to our state beginning in September and October," Michael Reich, executive secretary of the Queens Democratic Party, said Thursday after the ruling against Samaroo.
The governor's office did not have an immediate response.
Though not a lawyer, Samaroo served during his military tour on an operational law team promoting the rule of law and good government. He said he plans to attend college part-time in the fall through the Army's Reserve Officers Training Corps.
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Associated Press Writer Michael Gormley contributed to this report from Albany, N.Y.
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