REP C. MALONEY CHARGED WITH "CORRUPT" ABUSE OF AUTHORITY
This update from the Jereski Campaign will let you know what distractions we've been consumed with. We're sticking in there and can use your support. You can help us raise the issues that are being ignored by attending the press conference on Wednesday, August 18th mentioned here. Or you can send much needed financial contributions to:

Friends of Robert Jereski
2 Tudor City Place, 9AS
New York, NY 10017

For those interested in legal wrangling, we've included a timeline of legal proceedings below as well as the affidavit of service which shows the ends we've gone to to serve Maloney and her objectors. Thanks! In peace and solidarity ... Rob Jereski

FOR IMMEDIATE RELEASE
Representative Carolyn Maloney Charged with Corrupt Abuse of Authority

Challenger Robert Jereski Appeals To Appellate Court. Charging Corrupt Abuse of Authority and other Serious Irregularities:

What: Press Conference Explaining Rep. Maloney's Abuse of Authority
When: Wednesday August 18th, 2004, 8:30 AM
Where: Appellate Court, 25th Street and Madison Avenue
Contact: Jereski for Congress Campaign, 212.973.1782
Website: http://www.jereskiforcongress.com

NEW YORK, NY - Embattled Congress Member Carolyn Maloney (NY 14th D) continues to face serious charges that her primary campaign engaged in corruption with complicity from a Board of Election clerk. Democratic Party candidate Robert Jereski filed a petition with the court requesting that Maloney's designating petition be thrown out, based on her violation of New York State Election Law. The Jereski case rests on two striking instances of electoral abuse:

1) Corrupt Abuse of Authority ... Rep. Maloney's Congressional Staff worked on Campaign!
2) Court Clerk who reviewed signatures for ballot and made the determination that Jereski missed by 4 signatures, actually collected signatures for Rep. Maloney!

Among the complaints, Jereski's campaign is filing charges that Maloney's campaign manager Micah Kellner engaged in electioneering activities, most notably signature collection, while being employed at the Representative's district office at taxpayer expense. These most serious charges are considered felony offenses and may carry prison terms. In addition, the Maloney campaign, partly operating from her Congressional office, conspired to avoid service of Court papers, with Rep. Maloney actually leaving the country. Furthermore, the Board of Election Clerk who reviewed petition signatures and made the determination that Jereski missed the 1250 requirement by 4 signatures, gathered signatures for Rep. Maloney's Campaign!

Congresswoman Maloney grandly call or the UN to supervise Florida elections, while here in NYC she is trying every trick in the book to avoid an election in her own District. I remind Rep.Maloney that America is a democracy and the voters deserve a choice. Maybe we should have the UN come and monitor this election. I am confident that the Court will determine in the interest of justice that I will be on the ballot and the voters will have a clear choice. Lackluster leadership in the headlines, or down and dirty grunt work on behalf of the people of the 14th District, said Democratic challenger Robert Jereski. Where was Maloney when Wyoming was getting more Homeland security money than New York City? Where was she when our education was not being funded at adequate levels and are children are being left behind? Instead of repeatedly leveling partisan charges against Bush to deflect from her failures, she should be working to make New Yorkers more secure. This is exactly why I am running.

TIMELINE: Affidavit of Service
Maloney's lawyers filed a petition to invalidate Jereski's nominating petition on July 22nd, 2004 (Index No. 110790/04). On August 3rd, 2004, at the Board of Elections hearing on objections to the designating petition of Democratic Party congressional candidate Robert Jereski, the Board of Elections Commissioners ordered a line-by-line on signatures Robert Jereski claimed had been improperly invalidated. Timothy Gay, the Deputy Clerk at the Board of Elections reviewed the petition signatures. Mr. Gay is a Democratic Party District Leader who had himself gathered signatures for the incumbent candidate, Carolyn B. Maloney. Mr. Gay refused to recognize dozens of signatures of registered Democrats residents of the 14th Congressional District. The election Team of Carolyn Maloney acted in a disruptive and boisterous manner (two of her team members were asked to leave the room), which behavior Jereski claims unduly influenced Mr. Gay. The Board of Elections Commissioners, as a result of a new clerk's report by Mr. Gay, made a final determination that Robert Jereski was 4 signatures short of the 1250 signature required by statute (hearing of the New York City Board of Elections).

Jereski filed on August 9th, 2004 in NY State Supreme Court to validate his nominating petition and to invalidate Maloney's petition and sanction her based on the "ethical lapses" and violations of election law outlined below (Index No. 111401/04). At the first hearing on the case on August 11th, Maloney's lawyers claimed that the statutory deadline for filing objections to Maloney's petition had expired in July and therefore the "corrupt use of power and authority" claim could not be adjudicated. They also claimed that service on the necessary party objectors to the Jereski petition had not been properly made. Jereski cross-claimed that the reasons for objecting to Maloney's petition based on the "corrupt use of power and authority" were not known to him before the deadline for filing objections. The Court - based on the Election Law statute - ruled that the objections to Maloney's petition could not be adjudicated (transcript of proceedings before Justice Herman Cahn). The Court ordered a traverse hearing before a referee on the issue of service and for the adjudication of question of valid signatures. The referee reported and the judge affirmed that personal service as ordered by Judge William J. Davis had not been made. Jereski objected that personal service was refused and resisted as per the affidavit of service (attached).

Ethical Lapses:
Congressperson Carolyn B. Maloney hired Micah Z. Kellner to serve her reelection campaign in the capacity of Campaign Manager in her on-going efforts to obtain the public office of Representative in Congress from the 14th Congressional District of New York. Mr. Kellner, is also employed as a member of the Congressional staff of Mrs. Maloney on Tuesdays, Wednesdays, and Thursdays. On days in which Mr. Kellner served the Maloney campaign as Campaign Manager he also collected signatures for incumbent Congresswoman Carolyn Maloney's Designating Petition. The employees of Congressperson Maloney working at the District Office of the Congressperson unlawfully provided service to the Congressperson by contacting (by use of telephone and/or e-mail) Micah Kellner, the Campaign Manager, at the Congressperson's reelection campaign headquarters to warn him about the fact that service of court papers was or would be personally attempted - at said campaign headquarters - both on him and the other reelection campaign volunteer, Heather Leifer, both of whom had filed objections to the complainants Designating Petitions.

As a result of the above-mentioned actions, aid to the reelection Campaign of Congressperson Maloney was unlawfully rendered by the Congressional Offices and Staff members of Carolyn Maloney, enabling objections to complainant candidate Robert Jereski's to be compiled, gathered and file and enabling the Campaign Manager and other respondents colluding with him to avoid service of said papers thereby benefiting the reelection campaign of Carolyn Maloney, which was seeking to avoid a primary election in the 14th Congressional District of New York. Andrew Tulloch, the election lawyer for Carolyn Maloney's reelection campaign, and his agents, including Allan Zimmerman, his paralegal as well as Micah Z. Kellner, did benefit said reelection campaign use of this information provided in said telephone call or e-mail correspondence, from the Congressional District Office of Carolyn Maloney by successfully frustrating service and arguing in New York State Supreme Court that service was not properly rendered. (see Affidavit of Service attached) The NY Supreme Court ruled against the Jereski Campaign on the threshold issue of service of Process on August 13, 2004. We are appealing to the New York State Appellate Court and will be heard on Wednesday, August 18, 2004.