Legal Firm Set To Ask Court To Nix Possible Runoff (NYC mayoral primary quagmire)

A legal services firm with strong ties to the Democratic Party plans to ask a State Supreme Court justice Friday to halt a possible runoff election between Fernando Ferrer and Anthony Weiner, arguing that it would waste up to $12 million in city funds.

Following Weiner's concession to Ferrer, no one is arguing that a runoff is necessary, but the question is whether or not the law requires it. The Board of Elections says it does.

The public advocacy group filing suit says the Board of Elections is misreading the law.

The President of the Board of Elections tells the paper the law is clear, but adds that if the court was to call off the runoff, there's a good possibility that the board wouldn't object.

Of course the entire argument could be unnecessary if Ferrer gets 40 percent of the vote once ballots are fully counted. He's just shy of that number in the initial count.

Workers began counting the paper ballots Thursday that had not yet been added to Tuesday's tallies. They'll be opening the city's voting machines Friday to verify that count.

Fernando Ferrer [Dem] 182273 39.95%
Anthony Weiner [Dem] 131476 28.82%

Also see

http://www.nypost.com/news/regionalnews/52805.htm
MIKE RIPS 'TRAVESTY' OF RUNOFF RIP-OFF
By DAVID SEIFMAN City Hall Bureau Chief

Holding a meaningless runoff in the Democratic mayoral race that could cost taxpayers as much as $12 million would be a "travesty," Mayor Bloomberg declared yesterday.

"I don't see any reason to hold a senseless runoff," said the mayor, finding unusual common ground with top Democrats trying to unseat him.

Board of Elections Director John Ravitz maintained he had no choice but to schedule the Sept. 27 runoff, while the count of about 32,000 absentee and paper ballots — roughly 7 percent of the total cast — continues to determine if frontrunner Fernando Ferrer reaches the minimum 40 percent mark in Tuesday's four-way primary that would make him the Democratic nominee.

In unofficial results, Ferrer had 39.95 percent, leading second-place finisher Anthony Weiner to withdraw.

"Anything that requires us to spend $12 million to open doors where no one will vote and where there are no opponents has got to be crazy," said Denny Farrell, the state Democratic chairman. He called on the Board of Elections to simply cancel the runoff. But Ravitz said he must follow state election law.

Bloomberg agreed with Democrats that "to waste city money that we don't have would be a travesty."

But he stopped short of offering to ask Gov. Pataki and the state Legislature to intervene.

Insiders said the Ferrer and Weiner camps were planning to ask a judge to rule that there was no need for the runoff since Weiner didn't want to be on the ballot again.

The Board of Elections is working through this weekend to count 9,285 mailed-in absentee ballots and 23,382 paper ballots filed at polling sites when voting machines broke down.

and

http://www.nypost.com/news/regionalnews/52813.htm
BACKERS TO WEINER: QUIT BEING A WEENIE
By CARL CAMPANILE and TOM TOPOUSIS

Voters in Anthony Weiner's congressional district yesterday roasted the dropout Democrat over his decision to quit the mayoral race rather than take on Fernando Ferrer in a runoff.

"Get back in there," fumed Johanna Cassidy, a bartender at the Austin Ale House in Kew Gardens. "He can't just sit down and give up. Stop acting like a wiener!"

Cassidy of Rego Park said she backed Weiner because he looked like a "regular guy" and because she wanted somebody who would take on Mayor Bloomberg "so I could smoke and have a drink at the same time."

George Yurieff, 25, a plumber on a lunch break in Kew Gardens, said Weiner let his backers down.

"He flaked out. He wimped out. He misled all his supporters, and he owed it to them to fight it out," Yurieff said.

Tara Mendez, who works in a nail salon blocks from Weiner's congressional district office, said she felt particularly cheated because she was among the relatively few New Yorkers who took time to vote Tuesday — and she cast her ballot for Weiner.

"It's not a good thing. He should have waited to see what the results were. It's upsetting," said Mendez, 31.

Weiner's congressional district stretches from Kew Gardens in Queens down through southern Brooklyn and back to Rockaway, Queens.

Barbara Gibson, 68, said she never expected him to wave the white flag.

"People in the neighborhood are shocked," Gibson said on Avenue U in Sheepshead bay. "He should have waited until all the votes were counted and seen where he stood."

The outrage prompted a stream of not-so-good-natured wisecracks that played off the 41-year-old congressman's name.

"It was wrong! His name should be Oscar Meyer," said Lou Valentine, 67, a Democrat.

Meanwhile, Weiner joined all of his former primary opponents for a massive "Unity Rally" outside City Hall yesterday.

Weiner defended his decision to withdraw even though city elections officials say they are legally obligated to stage a runoff in two weeks, costing taxpayers as much as $12 million.

"It's preposterous," Weiner said of a runoff. "If the Board of Elections has to go through the kabuki dance on an election that cost us all $10 million that would be a shame."

Weiner said his lawyers are busy trying to help avoid "a wasteful expenditure of money."

"It's not going to happen. Even my mother is not going to vote for me if there is a runoff," quipped Weiner, who insisted he made the decision to quit on his own.

Ferrer will continue bolstering his Democratic support with an expected endorsement from former Mayor David Dinkins today, sources said.

Additional reporting by Frankie Edozien and Stephanie Gaskell

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