In the Supreme Court of the United States: Motion Pursuant To Rule 23.3 For Stay Of Decision To Remove Petitioner-Candidates From The Ballot - Softcover

Sloan, Sam H

9784871873833: In the Supreme Court of the United States: Motion Pursuant To Rule 23.3 For Stay Of Decision To Remove Petitioner-Candidates From The Ballot

Softcover

ISBN 10: 4871873838 ISBN 13: 9784871873833

Publisher: Ishi Press, 2013

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In the Supreme Court of the United States MOTION PURSUANT TO RULE 23.3 FOR STAY OF DECISION TO REMOVE PETITIONER-CANDIDATES FROM THE BALLOT Petitioner Respectfully Prays that a Writ of Certiorari issue to the Supreme Court of the State of New York, Appellate Division, First Department to review the decision of the Supreme Court of the State of New York dated August 9, 2013, Index No. 101087/2013, and the decision of the Appellate Division, First Department of the Supreme Court of the State of New York dated August 13, 2013 which denied the validation petition of the above candidates to be reinstated on the ballot after these candidates were removed from the ballot solely because their petition signatures had not been witnessed by enrolled Republicans. On August 21, 2013, the Court of Appeals of the State of New York denied the motion by Petitioner for Leave to Appeal to the New York Court of Appeals. The Candidate-Petitioners and their supporters circulated petitions to be placed on the ballot. Petitions containing more than 4500 signatures were timely filed by “Cindarella Time” which was midnight on July 11, 2013. As this filing was facially valid, petitioner-candidates were placed on the ballot. However, a General Objection by one Sal Caruso was filed on July 15, 2013 followed by a Specific Objection on July 22, 2013. A hearing was held before the New York Board of Elections on July 30, 2013 following which these candidates were kicked off the ballot on July 31, 2013 for one reason only which was 3905 of these signatures had not been witnessed by enrolled members of the Republican Party. Rather the signatures had been witnessed by other voters including Democrats, Libertarians and Blanks. Petitioners filed a petition to validate their places on the ballot on August 1, 2013. A show cause order was issued requiring the objector and the Board of Elections to appear on August 5, 2013. On August 9, 2013 Judge Wooten denied the Validation Petition without opinion. Petitioner appealed and this appeal was heard by the New York Supreme Court Appellate Division First Department which affirmed the decision of the Supreme Court without opinion on August 14, 2013. Petitioner then filed a motion for leave to appeal with the Court of Appeals of New York. This was denied on August 21, 2013. This Petition for Certiorari follows.

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About the Author

Samuel Howard Sloan is an American chess player and publisher. In 2006, Sloan served on the Executive Board of the United States Chess Federation. In 1970, Sloan established a registered broker-dealer that traded over-the-counter stocks and bonds. Sloan had no formal legal training but orally argued a case before the Supreme Court after litigating against the Securities and Exchange Commission over policies regarding the trading of penny stocks. The Court ruled in his favor, 9–0, concerning his claim that the "tacking" of 10-day summary suspension orders for an indefinite period was an abuse of the agency's authority and a deprivation of due process. He was the last non-lawyer to argue orally before the US Supreme Court.

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