In a victory for democracy, today New York Supreme Court Justice Jill Epstein ruled that the Brooklyn Democratic Party Chair has no right to change the party rules to prevent a legitimate handover of power. Justice Epstein's decision declares these farcical, undemocratic rule changes null and void. The newly elected majority of District Leaders should now proceed to elect a new chair.
Justice Epstein's ruling concerns a meeting of the Kings County Democratic Party Executive Committee held on August 25, over two months after the June primaries. At this meeting, the current party chair held a vote on changing the rules to pack the Executive Committee with handpicked loyalists so she could stay in power after losing majority support.
This meeting included eleven District Leaders who either lost their re-election campaigns or chose not to run for re-election. Eight of these outgoing District Leaders voted for these rules changes that would effectively strip incoming elected District Leaders of their power to elect the party’s next chair, instead giving it to people hand-picked by the current chair. These changes would have effectively denied voters any say in party governance.
The court ruled today that outgoing District Leaders cannot legally change the rules after an election that they lost.
“This ruling could not be clearer: the party chair must respect the election result,” said Tony Melone, President of New Kings Democrats. “The court has affirmed what nearly all our city, state, and federal representatives have said: it’s time for our party to hold a normal meeting under the rules that were in place at the time of the election, and let the elected District Leaders choose the next party chair. Then we can work together to win in November.”
District Leader Julio Peña III said, “Today is a victory for democracy, the will of the voters, and the rule of law. The party chair's attempt to pack the Executive Committee with loyalists in order to keep her seat – instead of respecting the election results – is an affront to our party's commitment to democracy.”
In a statement given to The City, Jay Jacobs, the chair of the New York State Democratic Party, cheered the ruling and said, “Democrats need to know that their Democratic Party is going to operate democratically. If you’re not going to hold a fair election, you lose all legitimacy.”
NYC Public Advocate Jumaane Williams sent this statement: “Today’s ruling is an important check to remind us that no political leader should push to be above the rules, the law, or the voters. When an election produces an unfavorable result, the answer cannot be to change the rules to preserve one’s position. Brooklyn Democrats deserve a party that respects voters’ will and the integrity of our democratic process.”
The lawsuit was brought by District Leaders Julio Peña III and Akel Williams and County Committee members Jillian Cara Goger and Jonny Sagan, represented by fellow District Leader and election attorney Mark Hanna of Khalifeh & Strupinsky, PC; Howard Graubard, Esq.; and Manhattan District Leader Paul D. Newell, Esq.
Hours after the ruling came down, the party chair sent a mass email stating that the Executive Committee (the 42 Brooklyn District Leaders) would appeal the court’s decision. The District Leaders were not consulted or given a vote on whether to appeal. The party chair is once again circumventing the democratic process and dedicating more of our party’s resources to a fight to preserve her own power. The party already owes Abrams Fensterman nearly $300,000 — fighting this case again to try to keep the chair in power could bankrupt New York’s largest county party before it spends anything on the November election.
The party chair should heed the court, Democratic officials, and the voters of Brooklyn and accept a normal transition of power on September 23, under the rules that were in place during the June primary.