Just the facts — campaign financials for potential 2023 candidates and others; the Chief Judge appointment

Twice a year, in January and July, all political committees in New York State, whether or not they are involved in an election that year, are required to file reports with the state Board of Elections noting their receipts, expenditures, and account balances.  The January reports were due last week, reporting on finances as of January 11th.  State legislative candidates who ran in 2022 were only filing for the period from the end of November through January.  All other committees were reporting their finances since last July.

The state Board of Elections website makes extracting such information difficult. Also, the BOE appears to make no serious effort to require the filings to be made on a timely basis.

The following is a summary of some major committee accounts of Western New York political committees.

State Legislators (who are reporting from November 2022 through early January)

Senate

  • District 57 – George Borrello (R) – raised $2,000; Balance $123,410
  • District 60 – Pat Gallivan (R)– raised $250; Balance $173,206
  • District 61 – Sean Ryan (D) – raised $9,300; Balance $208,750
  • District 62 – Robert Ortt (R) – no January report available as of January 23
  • District 63 – Tim Kennedy (D)– raised $29,692; Balance $1,894,553; Refunded $64,025; Senator Kennedy continues to have more in his campaign treasury than the combined total of the 15 other state legislators from Western New York who are listed in this post.

Assembly

  • District 140 – Bill Conrad (D) – raised $1,705; Balance $27,572
  • District 141 – Crystal Peoples-Stokes (D) – no January report available as of January 23
  • District 142 –Pat Burke (D)– raised $1,500; Balance $21,753
  • District 143 – Monica Wallace (D)– raised $1,000; Balance $73,762
  • District 144 – Michael Norris (R) – raised $0; Balance $133,065
  • District 145 – Angelo Morinello (R)– raised $1,000; Balance $41,126
  • District 146 – Karen McMahon (D)– raised $500; Balance $58,418
  • District 147 – David DiPietro (R)– raised $6,260; Balance $135,409
  • District 148 – Joseph Giglio (R) – Raised $0; Balance $13,480
  • District 149 – Jonathan Rivera (D)– raised $0; Balance $40,448
  • District 150 – Andrew Goodell (R) – Raised $500; Balance $54,912

All other reporting was the first since July 2022

City of Buffalo

  • Mayor Byron Brown (D) – raised $189,525; Balance $243,950

County of Erie – County Executive race potential candidates

  • Mark Poloncarz (D) – raised $204,483; Balance $429,551
  • Ed Rath (R) – raised $0; Balance $4,610
  • Mickey Kearns (R) – raised $233; Balance $5,858
  • Gary Dickson (R) – raised $3,792; Balance $16,470
  • Nate McMurray (D) – has no committee on file with the state BOE

Former elected officials

  • Joel Giambra (I) Balance $488,452 (July 2022; January 2023 report not available as of January 23)
  • Tony Masiello (D) Balance $79,490 (January 2022; January 2023 report not available as of January 23)
  • Michael Ranzenhofer (R) Balance $785,981
  • Robin Schimminger (D) – Balance $387,518

Judicial politics

The Judiciary Committee of the State Senate last week failed to recommend Governor Kathy Hochul’s appointee for Chief Judge of the Court of Appeals, Hector LaSalle.  Evidently for political purposes the number of senators on the Committee was recently increased by four members which permitted the progressive members of the Democratic Caucus, who are mostly from New York City, to defeat the nomination.  Democratic Senator Sean Ryan of Buffalo was among those voting against the recommendation of LaSalle to the full Senate, which failed by one vote.

The Senate Majority Leader, Andrea Stewart-Cousins, announced after the Committee action that “[i]t’s clear that this nominee was rejected and that’s it.”  The State Constitution, Article VI, Section 2.e., however, states that the Governor shall appoint the Chief Judge “with the advice and consent of the Senate.”  There is no reference in the Constitution to a committee of the Senate having any role in the confirmation process.  The Judiciary Committee consists of just 19 of the 63 members of the Senate.

The Governor was required to choose her nominee from a list of seven potential candidates put forth by the constitutionally created Judicial Nomination Commission, which consists of four people appointed by the former Chief Judge, Janet DiFiore; three appointed by former Governor Andrew Cuomo; one appointed by Governor Hochul; and one each appointed by the Speaker and Minority Leader of the Assembly and the Majority Leader and Minority Leader of the Senate.  There is some talk about revising the constitutionally mandated process.

Governor Hochul is reviewing her options for this judicial nomination.  How she proceeds could impact the entire 2023 session of the Legislature, including the adoption of the annual budget.

Twitter @kenkruly

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‘Just get in and stir sh-t up’ — Lawler as chaos agent

The text message that was apparently sent by Republican Rep. Mike Lawler to Democrats included this image.

DAYS THE BUDGET IS LATE: 13

OPERATIVES GONNA OPERATE: Republican Rep. Mike Lawler isn’t facing a primary challenge for his seat — but he’s got his hands full with the one across the aisle anyway.

The GOP member of Congress spent the last few days meddling in the crowded Democratic primary for his seat — sending covert text messages that some say were designed to look like they’re from Democrats and deploying his campaign manager to challenge the signatures of a lefty Democratic candidate.

In the meantime, Lawler — who also serves as the Rockland County Republican Chair — held a rally Sunday to launch his own campaign.

“This is him. This is his deviousness,” Putnam County Democratic Chair Jennifer Colamonico said of Lawler’s strategy. “Just get in and stir shit up.”

Last week, a blast text message reached dozens of Democratic voters in NY-17 highlighting how one Democrat in the race was allegedly attacking the other by challenging their signatures to get on the ballot.

“Kathleen Kahng, a Conley campaign surrogate and former Putnam County legislative candidate, filed objections to the petitions of two Democrats competing in the June primary,” the message read, referencing Army vet Cait Conley, who is running for Lawler’s seat as a Democrat. “Not a concerned voter. A Conley insider. This isn’t democracy. It’s field-clearing.”

The text — which was sent out on the night of the Democratic debate in the district — included a picture of Conley and Kahng and the words “DC INSIDER KICKING LOCAL CANDIDATES OFF BALLOT.”

It didn’t say who it was from, but when recipients texted back “help,” a second text popped up: “Mike Lawler: For help, reach out to mike@lawlerforcongress.com. To opt-out, reply STOP.”

Lawler’s campaign declined to comment on the blast text. But it’s his latest barrage into the competitive Democratic primary as he’s likely looking at tougher odds at reelection than in 2024, after the Cook Political Report moved its rating of the district from “Leans Republican” to “toss-up.”

Lawler, a former campaign manager, lobbyist and political strategy firm founder, has long been recognized by Republicans and Democrats alike for his shrewd political abilities and tireless campaigning. Two years ago, he was one of the only House Republicans to win reelection in a district that voted for Kamala Harris for president by less than a one-point margin.

In that election, he was also accused by the Working Families Party of being the mastermind who encouraged a “ghost candidate” to run on the lefty third-party’s ballot line. The candidate — who was almost never seen in public — was running in an apparent attempt to siphon votes from former Democratic Rep. Mondaire Jones. Last year, on Lawler’s home turf, a similar strategy appears to have played out in races for town council.

This year, no mysterious candidates will be on the ballot for Congress in NY-17 from the Working Families Party, filings show. However, board of elections filings show Lawler’s campaign manager, Ciro Riccardi, filed preliminary paperwork to contest Democratic Rep. Effie Phillips-Staley’s ballot access signatures.

“Lawler is wasting everyone’s time with frivolous political games that will go nowhere,” Phillips-Staley spokesperson John Tomlin said in a statement. “Clearly Effie’s momentum is making him nervous and he’s terrified to face her in November.”

Riccardi responded in a statement saying that Phillips-Staley’s signatures were “rife with fraud and errors” but did not identify what those errors were. Team Lawler plans to file a “specific objection” by tomorrow, which will reveal more details.

He also said that Lawler “will be happy to face whoever survives this clown show in November."

“Democrats whining about our campaign defining our opponents are the same ones trying to rig their own primary,” Riccardi said. “We're not hiding anything.”

In the meantime, Lawler’s mass text about Democrats filing preliminary challenges to other candidates’ petitions appears to have successfully struck a nerve.

When Playbook reached out to Putnam County Democratic Vice Chair Kathleen Kahng — the person who objected to Democratic candidate Mike Sacks and John Cappello’s petitions — she referred Colamonico, the Putnam County chair, back to us for comment.

Colamonico told us her party won’t follow through with its initial objections to the two Democratic candidates’ petitions and dismissed the move as “regular order committee business, that's all.”

Conley’s campaign refused to answer questions about whether Kahng was acting on their behalf to challenge her opponents’ petitions. And Suzanne Berger, the Westchester Democratic chair, told Playbook she and the other Democratic county chairs talked to each other about “doing our due diligence” in advance of Colamonico making the challenge.

“The more candidates there are in a race, the less ability there is to focus on the candidates that are more likely to win the primary,” Berger said.

Sacks, whose petitions were challenged, didn’t like that.

“I find that deeply anti-Democratic,” Sacks said. “It goes further to the deep dissatisfaction that everyday Democratic voters have here with our party leadership. — Jason Beeferman

From the Capitol

Few state lawmakers are raising objections to changing the Tier 6 pension.

SHED A TIER: The labor-led drive to overhaul the Tier 6 pension category is steamrolling through the state Capitol — with few officials disagreeing with powerful unions seeking to lower the retirement age and reduce employee contributions.

It’s a disheartening development for Republican Assemblymember Michael Fitzpatrick, a Long Island lawmaker who is perhaps the most vocal and rare opponent to changing the pension.

“You now, in a sense, have a professional Legislature,” Fitzpatrick said in an interview. “That’s right where the unions want us. You’re asking the legislators to vote against their own financial best interest. So who is going to say no to the alphabet soup of unions when, if I lose, I’m out of the pension system.”

Read more from POLITICO Pro’s Nick Reisman.

TRAVELING SEPARATELY: New York lawmakers passed a third temporary stopgap spending bill Monday afternoon as deadlock sets in over Gov. Kathy Hochul’s push to overhaul the state’s car insurance laws.

The state budget is now more than two weeks late as the governor and Democratic-led Legislature remain at odds over a host of issues, including her push to weaken a 2019 climate law and opposition to raising taxes.

But the Hochul-backed car insurance proposals have emerged as a major sticking point — with lawmakers beginning to publicly grumble that the governor is not willing to negotiate on the subject.

“It’s a one-way street on the auto insurance issue,” Senate Deputy Leader Mike Gianaris said.

Read more from POLITICO Pro’s Bill Mahoney and Nick Reisman.

FROM CITY HALL

Top French economist Gabriel Zucman is a proponent of a increased taxes on the wealthy.

MAMDANI AND ZUCMAN'S TAX DAY: The deadline to file income taxes is Wednesday, and to commemorate the occasion, Mayor Zohran Mamdani, top French economist Gabriel Zucman and Nobel prize laureate Joseph Stiglitz will host a joint conference on “confronting global inequality" at the CUNY Graduate Center in New York.

Mamdani and Zucman are both advocating for a 2 percent tax on the ultra-rich, but with some major differences. While Mamdani is calling for a 2 percent tax increase on New Yorkers earning more $1 million per year, Zucman wants rich households to pay at least 2 percent of the value of all their assets in taxes every year.

In 2024, during the Brazilian G20 presidency, Zucman pitched a global version of his tax, targeting the world’s billionaires. A national version of the “Zucman tax” dominated the French political debate last year, but it has not been implemented. Zucman, though, remains confident that sooner or later his dream will come true. Mamdani, Zucman and Stiglitz are expected to also spell out their ideas in a joint op-ed. — Giorgio Leali and Anthony Lattier

PRIDE FLAG FLIES: The Trump administration is agreeing to fly a pride flag at Stonewall National Monument in Manhattan’s Greenwich Village after civil rights groups sued the federal government following the flag’s sudden removal in February.

“We fought the Trump administration — and we won,” Manhattan Borough President Brad Hoylman-Sigal said in a statement. “The Trump administration has blinked and backed down from its contemptuous attempt to erase American history.”

Earlier this year, the Trump administration quietly removed the flag after it issued a memo mandating that “only the U.S. Flag, flags of the [Department of the Interior], and the POW/MIA flag will be flown” by the National Park Service. Groups like The Gilbert Baker Foundation, Village Preservation and EQNY Fund Inc. sued to say the flag’s removal was an “arbitrary and capricious action.”

Today’s agreement settles that suit. — Jason Beeferman

IN OTHER NEWS

MISS DIRECTION: Council Member Farrah Louis directed $450,000 to BHRAGS Home Care, a Brooklyn nonprofit currently under a federal corruption investigation. (Gothamist)

PARK, MEET PLAZA: Mamdani is proposing to shut down a hazardous roadway at Brooklyn’s Grand Army Plaza in the hopes of restoring the Soldiers’ and Sailors’ Memorial Arch as a direct gateway to Prospect Park. (The New York Times)

TOUGH CROWD: Republican Rep. Mike Lawler faced a hostile audience at his latest town hall in Putnam County, where residents pressed him on his support of the Trump administration and the ongoing war in Iran. (Lohud)

Missed this morning’s New York Playbook? We forgive you. Read it here

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