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2010 New York's 29th congressional district elections

From Wikipedia, the free encyclopedia

New York's 29th congressional district election, 2010

← 2008 November 2, 2010 (2010-11-02)
 
Tom Reed.jpg
Matthew Zeller.jpg
Nominee Tom Reed Matthew Zeller
Party Republican Democratic
Popular vote 94,209 (special)
101,209 (general)
73,513 (special)
78,578 (general)
Percentage 56% 44%

Representative before election

Eric Massa
Democratic

Elected Representative

Tom Reed
Republican

Two elections in New York's 29th district were held on November 2, 2010. The candidates vied to replace Eric Massa, who resigned the seat on March 8, 2010 as a result of health issues and allegations of sexual harassment.

The Governor called for a special election to be held simultaneously with the general election on the same day, with the special election determining who would fill out the remainder of Massa's term in the 111th United States Congress (from November 2010 to January 2011) and the general election determining who serves in the 112th United States Congress.

Republican Thomas W. Reed, Jr., the former mayor of Corning, New York, defeated Democrat Matthew Zeller, a CIA analyst and war veteran who was living in Washington, DC at the time of Massa's resignation, and Janice Volk, a write-in candidate.

The old 29th District will be replaced by the new 23rd District and includes Ithaca.

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  • ✪ Why Super PACS Dominate Elections | Citizens United v. FEC
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Transcription

Mr. Beat Presents Supreme Court Briefs Washington DC 2007 A self-described conservative non-profit corporation called Citizens United wants to release a documentary. The film, called Hillary: The Movie, (hey that’s a pretty catchy title) talks a bunch of trash about Hillary Clinton, who just so happens to be running for President. Citizens United wanted to distribute and advertise the film within a month before the Democratic primary elections in January 2008. However, this would be a violation of the Bipartisan Campaign Reform Act, aka BCRA, aka the McCain-Feingold Act, the latest law that limited how political campaigns were paid for. BCRA said corporations or labor unions can’t spend money from their general treasury to broadcast anything through the mass media that specifically brings up a candidate running for federal office within 30 days of a primary. Anticipating that the Federal Election Commission, or FEC, might try to stop the release of their documentary, Citizens United went ahead and took the FEC to the United States District Court, essentially saying “don’t even think about it, FEC.” Citizens United claimed BCRA didn’t apply to Hillary: The Movie, because the film wasn’t clearly for or against a candidate. It also claimed that the Supreme Court decision FEC v. Wisconsin Right To Life justified them releasing the film within 30 days of the Democratic primaries. Not only that, but Citizens United argued that portions of BCRA straight up violated the FIrst Amendment to the Constitution. On January 15, 2008, the three-judge U.S. District Court said “nope, sorry Citizens United.” You can’t have your injunction, you gotta let the FEC regulate. The court said the film was clearly just meant to get people to not vote for Hillary Clinton, I mean...it was called Hillary: The Movie, for crying out loud. They also said the film was meant to be strategically shown right before the primaries for this purpose and they cited the Supreme Court decision in McConnell v. FEC as justification that the FEC could prevent the showing up this film. Citizens United was like you know what? I’m appealing to the Supreme Court. Now, as you know, this can be a long process. What ended up happening was Hillary Clinton did not get the Democratic nomination and Barack Obama ended up being elected President later that year. But that ended up being irrelevant other than the fact that Obama nominated a new justice, Sonia Sotomayor, that agreed with the justice she replaced, David Souter. Actually, that's kind of irrelevant, too. Throughout 2009, the Supreme Court heard multiple arguments about the case. The Court had remained very divided on the issue. Things got pretty philosophical. Finally, on January 21, 2010, the Court ruled 5-4 in favor of Citizens United arguing that the Free Speech Clause of the First Amendment prohibited the government from limiting money spent by corporations, labor unions, and other associations, on political campaigns. Specifically, we’re talking about independent political expenditures, or political campaign contributions not directly affiliated with the candidate. Justice Anthony Kennedy wrote the majority opinion. “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” The Court's ruling basically freed corporations and unions to spend as much money as they want to elect or defeat candidates as long as they didn’t contribute directly to candidates or political parties. The majority also argued that First Amendment protects ASSOCIATIONS of individuals, not just individual speakers, so you can’t prohibit speech based on the identity of the speaker. So corporations have free speech rights just like you or I. The idea of Corporate Personhood, or the legal notion that corporations share some of the same legal rights and responsibilities held by individuals, had pretty much been established by the Supreme Court since the 1800s. In this case, the Court definitely ruled that corporations are people man, corporations are people. Justice John Paul Stevens led the opinion of the dissent. Stevens was pretty upset about how this one turned out His dissent was 90 pages, and he passionately summarized it for 20 minutes from the bench. Stevens later wrote a book explaining that a Constitutional amendment should be passed to make sure money doesn’t influence politics, mostly due to this ruling. Today, Citizens United v. FEC continues to get people fired up Bernie: If we are going to maintain a true democracy in this country it is absolute imperative that we overturn this disastrous 5-4 Supreme Court decision on Citizens United. Protesters have passionately spoke out against it, and organizations like Wolf PAC were created in response to the decision. Just like Roe v. Wade, this is a Supreme Court decision that will be discussed and debated for many years to come. I'll see you for the next Supreme Court case, jury!

Contents

Background

Democrat Eric J. Massa won this district by 1.8 percentage points in 2008 over then-two-term incumbent John "Randy" Kuhl. The district leans Republican (CPVI R+5), voted for John McCain over Barack Obama by a 51-48 margin, and, accounting for redistricting, had been held by a Republicans for almost a century, except for Democrat Stan Lundine's time representing the area in the 1970s and 1980s.[1] Massa, as of early 2009, had an active campaign war chest of over $38,000, most of it from labor union interests,[2] and intended on using the fund for a 2010 campaign.[3] At the time of his resignation, he had raised over $600,000.[4] The NRCC targeted Massa for voting in favor of the Recovery and Reinvestment Act.[5]

However, on March 3, 2010, Massa announced that he would retire after his first term, following reports that he had suffered a recurrence of cancer and allegations of sexual harassment; Massa later announced his resignation effective March 8.[6] Governor David Paterson had the option to call a special election (much as resignations in the 20th and 23rd districts prompted), but because it is an election year, Paterson was not compelled to do so immediately. Much speculation was aired over when the special election would occur, but it ultimately was set to coincide with the general election.[7][8][9]

On April 23, 2010, Steuben County Republican chairman Bill Hatch announced that he would be filing a lawsuit that, if successful, would force the governor to acknowledge the vacancy and call the special election in the immediate future.[10] Clause I.2.4 of the U.S. Constitution requires the governor of a state issue a "writ of election" for any congressional vacancies, which would technically place Governor Paterson in contempt if he did not recognize the vacancy. The judge hearing the case denied a motion from the Paterson administration to dismiss the lawsuit on May 13.[11]

On May 12, 2010, Paterson announced that he would set the special election for November 2, 2010, and would not issue the required writ of election until October. This would result in the seat remaining vacant for eight months, far longer than the 30 to 40 days dictated by New York law. It would also result in a general election and special election occurring on the same day, with the winner of the special election serving from the moment the election is certified (or the loser concedes, whichever is first) until January 2011, and the winner of the general election serving from that point until 2013. Furthermore, the redundant election complicates the primary election process: it would be theoretically possible for either Reed or Zeller to be defeated in the primary election in mid-September, but then remain on the ballot for the special election.[12] On top of this, state law dictates that special elections cannot be held for vacancies acknowledged after July 1, except in special circumstances.[13] Following the announcement, Angelo Campini, who is challenging Reed in the primary election, stated that he would consider joining the lawsuit or filing one of his own over the date of the election if it resulted in him being pushed off the ballot.[14]

Judge David Larimer issued a ruling in the case on June 4, 2010, officially acknowledging the vacancy, but ignoring the state law regarding the requirement for calling a special election within 30 to 40 days of the acknowledged vacancy. As such, Larimer would not compel Paterson to call the election before November 2.[15] The plaintiffs considered an appeal but never followed through.[16]

Candidates

Democratic party

The Democrats took longer to choose a candidate for office. After most of the names that were mentioned pulled themselves out of consideration, the party chose Matthew Zeller, a 28-year-old CIA analyst who had not lived in New York since he had left for war. Zeller was an ROTC-trained Army officer who served in Afghanistan and holds master's degrees in international relations and public administration.[17]

Nominee

  • Matthew Zeller, former CIA analyst and Afghanistan veteran[17]

Not running

Republican party

Nominee

Not running, or eliminated

  • Angelo Campini, pizza shop owner from Henrietta [29] Failed to deliver a petition to get onto the primary ballot.[30] After proposing a write-in campaign, Campini bowed out on September 30, 2010, endorsing Reed.[31]
  • Janice Volk, Cuba resident, alpaca farmer and black conservative community activist[32][33] Submitted 1,400 signatures to secure primary ballot, but those petitions were challenged.[34] Enough of the signatures were stricken that could invalidate the nomination, but some were on questionable grounds (such as one that claimed that Gowanda, New York did not exist). Though Volk later announced plans to seek a third-party line,[35] she was unable to do so. Volk insists she is still in the race through a write-in campaign.[36]
  • Maggie Brooks, county executive of Monroe County[37]
  • Brian Kolb, Minority Leader of the New York State Assembly[38]
  • Randy Kuhl, former congressman and state senator[39]
  • Catharine Young, state senator[40]

Independence Party

Conservative Party

  • Tom Reed, Republican nominee

Working Families Party

  • Matthew Zeller, Democratic nominee

Horse Race Metrics

At the time of Massa's resignation, the lone announced candidate, Tom Reed, had approximately $120,000 cash on hand.[4] According to Reed, "in our last report, we raised $233,000."[43]

As of the first quarter of 2010, Reed has raised $481,879[44] and had $287,222 cash on hand.[29]

As of July 2010, Volk had not yet raised enough funds to need to file with the Federal Election Commission, which would indicate less than $5,000 in fundraising and/or spending.[45] Reed raised $686,449 by that point, approximately $100,000 from his own account, while Zeller had raised $137,885.[46]

As of September 2010, Reed had raised $809,464 and had $361,315 in cash on hand. Zeller raised $232,425 and had $50,418 in cash on hand.[47]

With Reed heavily favored, he donated $75,000 of his campaign money to the National Republican Congressional Committee and the New York Senate Republican Committee less than one week before the election.[48]

Endorsements

Tom Reed

Matthew Zeller

Janice Volk

  • Jim Ostrowski, 1994 Libertarian Party gubernatorial candidate and WNY Tea Party Coalition Co-Founder
  • Amy McManus/Amy Mikolajczyk, talk show host on WLEA out of Hornell, NY and future Hornell city council candidate
  • David Chamberlain, Village of Cuba, NY Mayor (1990–1995)

Polling

Poll Source Date(s)
administered
Tom Reed (R) Matthew Zeller (D) Undecided
Siena poll September 21, 2010 44% 30% 26%
We Ask America April 20, 2010 41.38% 24.01% 34.62%

Results

Reed won by a 56%-44% vote in both the special and the general elections. Reed, for the first time since Amo Houghton in 2002, won every county in the district. However, he lost his home city of Corning, as well as the city of Hornell.[49] All write-ins, including (but not exclusively) Volk's, totaled 527 votes for the general and 510 for the special, less than 0.3% of the vote.[50]

Hornell mayor Shawn Hogan predicted that unless Zeller were to move back to Washington, DC, that Zeller would run for the seat again in 2012.[51]

References

Specific
  1. ^ "Local Republicans may have had big hand in Massa success". Olean Times Herald. 6 November 2008.
  2. ^ Kelly, Erin. Money keeps flowing to Massa Archived 2009-02-10 at the Wayback Machine. Gannett News Service via Star-Gazette. 6 February 2009.
  3. ^ Kelly, Erin. GOP attacks Massa for taking corporate PAC funds. Gannett News Service. 12 February 2009.
  4. ^ a b Miller, Rick (2010-03-05). Democrats left surprised, GOP sees opening. Olean Times Herald.
  5. ^ Benjamin, Elizabeth. NRCC Hits NY Dems On Stimulus Archived 2011-06-04 at the Wayback Machine. New York Daily News. 12 February 2009.
  6. ^ Benjamin, Elizabeth (2010-03-03). Dem Source: Massa Won't Run (Updatedx2) Archived 2010-03-06 at the Wayback Machine. New York Daily News: The Daily Politics.
  7. ^ Dunning, Joe and Bob Recotta (2010-03-10). Winner: Paterson to call special election. The Leader (Corning, New York). Retrieved 2010-03-10.
  8. ^ a b Miller, Rick (2010-03-21). Congressional candidates will be interviewed this week. Olean Times Herald. Retrieved 2010-03-21.
  9. ^ You May Not Have A Congressman Until January of 2011. WLEA. Retrieved 2010-03-26.
  10. ^ "Hatch: Lawsuit To Force Special Election For Massa Seat". Canisteo Valley News. 2010-04-23. Retrieved 2010-08-21.
  11. ^ Judge denies Paterson 's attempt to get special election case thrown out of court. WLEA. Retrieved 2010-05-15.
  12. ^ Benjamin, Elizabeth (2010-05-12). Paterson: I'll Call a Special Election in NY-29 Archived 2011-04-02 at the Wayback Machine. Retrieved 2010-05-12.
  13. ^ Vielkind, Jimmy (2010-05-13). Elections board: not sure if NY-29 special is legal. Albany Times Union. Retrieved 2010-05-14.
  14. ^ "Angelo Campini Might Sue The Governor Over Special Election Date". Canisteo Valley News. 2010-05-13. Retrieved 2010-08-21.
  15. ^ "Judge Sides With Paterson On NY-29 Special". Capitaltonight.com. 2010-06-04. Archived from the original on 2010-12-25. Retrieved 2010-08-21.
  16. ^ Dunning, Joe (2010-06-05). "Judge rules on special election - Corning, NY - The Corning Leader". The-leader.com. Retrieved 2010-08-21.
  17. ^ a b Today (2001-09-11). "NY-29: Dems Pick Zeller as Candidate - Rochester, News, Weather, Sports, and Events". 13WHAM.com. Archived from the original on 2010-06-29. Retrieved 2010-08-21.
  18. ^ Dunning, Joe (2010-03-10). "Winner: Paterson to call special election - Corning, NY - The Corning Leader". The-leader.com. Retrieved 2010-08-21.
  19. ^ Today. "Dems Approach Green About Replacing Massa - Rochester, News, Weather, Sports, and Events". 13WHAM.com. Archived from the original on 2010-12-03. Retrieved 2010-08-21.
  20. ^ "Hornell mayor will not pursue Massa's seat". www.WHEC.com. Retrieved 2010-08-21.
  21. ^ "Assemblyman David Koon Drops Out of Congressional Race". Canisteo Valley News. 2010-04-01. Retrieved 2010-08-21.
  22. ^ [1][dead link]
  23. ^ [2][dead link]
  24. ^ "Democrats interview potential candidates for 29th district". RocNow.com. 2010-03-29. Retrieved 2010-08-21.
  25. ^ a b c Today. "NY-29 BLOG: Here's What I'm Hearing (UPDATE) - Rochester, News, Weather, Sports, and Events". 13WHAM.com. Archived from the original on 2010-05-18. Retrieved 2010-08-21.
  26. ^ "News - Gov. Paterson not expected to call special election to fill vacant seat". Olean Times Herald. Retrieved 2010-08-21.
  27. ^ Briggs, Tyler (2010-03-07). "With Massa gone, what's next? - Hornell, NY - Hornell Evening Tribune". Eveningtribune.com. Archived from the original on 2011-07-10. Retrieved 2010-08-21.
  28. ^ [3][dead link]
  29. ^ a b Zremski, Jerry (2010-04-21). House in disrepute but area incumbents have little to fear. The Buffalo News. Retrieved 2010-04-21.
  30. ^ Tim M. (view) (2010-07-16). "Candidates' petitions were due Thursday for major parties". Voteup.democratandchronicle.com. Retrieved 2010-08-21.
  31. ^ Briggs, Tyler (2010-09-29). Pizzeria owner drops out of race Archived 2011-07-10 at the Wayback Machine. Hornell Evening Tribune. Retrieved 2010-09-30.
  32. ^ Briggs, Tyler (2010-05-26). Allegany Co. woman enters race for 29th district Archived 2011-07-10 at the Wayback Machine. Evening Tribune (Hornell, NY). Retrieved 2010-05-30.
  33. ^ Miller, Rick (2010-06-13). Volk launches bid for Congress. Olean Times Herald. Retrieved 2010-06-13.
  34. ^ "Janice Volk's Political Petition Objected To". Canisteo Valley News. 2010-07-20. Retrieved 2010-08-21.
  35. ^ Briggs, Tyler (2010-08-05). "Despite petition challenge, Volk vows to soldier on - Hornell, NY - Hornell Evening Tribune". Eveningtribune.com. Archived from the original on 2011-07-10. Retrieved 2010-08-21.
  36. ^ Briggs, Tyler. "No "Tea" party - Hornell, NY - Hornell Evening Tribune". Eveningtribune.com. Archived from the original on 2011-07-10. Retrieved 2010-08-21.
  37. ^ Seiler, Casey (2010-03-12). http://blog.timesunion.com/capitol/archives/23686/monroe-countys-brooks/. Capitol Confidential. Retrieved 2010-03-12.
  38. ^ Frisch, Kevin and Julie Sherwood (2010-03-03). With Massa out, Republicans rethinking 29th district race Archived 2012-09-06 at Archive.today. Canandaigua Messenger Post.
  39. ^ "Kuhl decides against run for Massa seat". Wivb.com. 2010-03-10. Retrieved 2010-08-21.
  40. ^ Young Responds to Massa Resignation. WGRZ. Retrieved 2010-03-06.
  41. ^ Tim Kolpien (2010-07-14). "Reed Campaign to File More Than 820 Petitions Containing Over 10,500 Signatures". Tom Reed For Congress. Archived from the original on 2010-07-24. Retrieved 2010-08-21.
  42. ^ "Challenges To Tom Reed's Petition Defeated". Canisteo Valley News. Retrieved 2010-08-21.
  43. ^ Recotta, Bob (2010-03-11). "Support for Reed expands - Corning, NY - The Corning Leader". The-leader.com. Retrieved 2010-08-21.
  44. ^ "Buffalo, NY | Democrat Matt Zeller Running for Massa's Old Seat in Congress". wgrz.com. Retrieved 2010-08-21.
  45. ^ Terreri, Jill (2010-07-12). Loaded field for Eric Massa's old seat. Gannett News Service. Retrieved 2010-07-12.
  46. ^ Tumulty, Brian (2010-07-18). Tom Reed has a large lead in cash in 29th Congressional District. Gannett News Service. Retrieved 2010-07-19.
  47. ^ Briggs, Tyler (2010-09-09). Money draws mud fight in race for Congress Archived 2010-09-20 at the Wayback Machine. Hornell Evening Tribune. Retrieved 2010-09-14.
  48. ^ Benjamin, Elizabeth (2010-10-29). Reed's largesse Archived 2011-08-15 at the Wayback Machine. State of Politics. Retrieved 2010-10-29.
  49. ^ "Archived copy". Archived from the original on 2011-09-27. Retrieved 2010-11-09.CS1 maint: Archived copy as title (link)
  50. ^ "Archived copy" (PDF). Archived from the original (PDF) on 2012-08-23. Retrieved 2012-07-24.CS1 maint: Archived copy as title (link)
  51. ^ "Archived copy". Archived from the original on 2011-04-03. Retrieved 2010-12-05.CS1 maint: Archived copy as title (link)
General

External links

Official campaign sites
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