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Old September 4th 13, 08:19 PM posted to
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Default Federal District Court Case against Board of Elections

Samuel H. Sloan
1664 Davidson Ave, Apt. 1B
Bronx NY 10453

Tel. 917-659-3397

September 4, 2013

Judge Alison J. Nathan
United States District Court
40 Foley Square
New York NY 10007

Sloan vs. Caruso, et al, 13 Civ 6104

Dear Judge Nathan,

With regard to your court order of August 29, 2013, I was able to get the court order and the summons and complaint served on both of the individual parties on that same evening, even though I did not receive the order until late in the evening. Furthermore, I had the Board of Elections in the City of New York, plus the New York Department of Law and Mr. Richard P. Dearing of the New York Attorney General's Office at 120 Broadway served the following morning.

Thus, they had all Labor Day Weekend to work on this.

The New York Attorney General's Office was served because I am challenging the constitutionality of a New York Law, specifically Section 6-132 (2) of New York Election Law, if necessary.

I believe that it might not be necessary to reach the constitutional issue for me to win because at the Hearing Before the Board of Elections in the City of New York on September 3, 2013 (yesterday) I asked the board whether it was acceptable for a Specific Objector to submit an objection without signing it with an original manual signature.

I asked this question because last week when I finally got a chance to see the Specific Objection which was in the custody of Kevin Fiore of the Boonx Board of Elections at 1780 Grand Concourse, Bronx New York, it was clear that it was a mere photocopy of a signature and not a manually signed original.

At the hearing yesterday, Stephen Richman, General Counsel for the Board of Elections stated that he was not sure where the Specific Objections are now.

Previously, I asked Troy Johnson, head of the CRU Unit (Candidate Records Unit) about whether it was a requirement that the Specific Objections be manually signed by the objector. He said that it was not required.

However, at the hearing yesterday, Frederic M. Umane, President of the Board of Elections, stated that it was indeed a requirement and if anybody submitted a photocopy of a petition, acceptance, objection or any like document rather than an original it would be referred to the District Attorney's Office for investigation and possible criminal prosecution.

Indeed, at the hearing yesterday, the petitions for another candidate for mayor was referred by the Board to the DA's office for criminal investigation (but for unrelated reasons).

So, I am demanding that the Board of Elections produce at a hearing before this court the original of any specific objection filed by Salvatore G. Caruso and/or Daniel S. Szalkiewicz. I believe that if the Specific Objections turn out to be photocopies and not manually signed originals then the Specific Objections should be thrown out and I and my slate of candidates restored to the ballot.

The reason I was able to get Salvatore G. Caruso served so quickly on the night of August 29, 2013 even though I did not receive your court order until after 6:00 PM that evening was I had a process server who was familiar with the area and who is also involved in election matters so he knew that the Chairman of the Bronx Republican Party lives next door !!!!! Salvatore G. Caruso lives at 540 Ellsworth Avenue, Apartment C-1, Bronx NY 10465 whereas John M. Greaney, Chairman of the Bronx Republican Party, lives at 530 Ellsworth Avenue, Apartment E-1, Bronx NY 10465.

John M. Greaney just became Chairman of the Bronx Republican Party in April, 2013 when the previous Chairman of the Bronx Republican Party, Jay Savino, was arrested by the FBI. After being arrested by the FBI, Jay Savino was asked to step down by the Republican National Committee and did so, designating John M. Greaney to be his successor. See the New York Daily News Article for April 8, 2013, “New Bronx Republican Chairman John Greaney has dubious financial past Greaney just replaced Joseph (Jay) Savino, who was arrested in connection with the alleged bribery scheme to get state Sen. Malcolm Smith on the ballot for the mayoral race.”

John M. Greaney just changed his voter registration from Democrat to Republican in 2007. It is interesting that I have been a registered Republican and my slate of candidates have all been registered Republicans for years longer than John M. Greaney has been a registered Republican, yet they are invoking the “Subscribing Witness Rule” to keep my candidates off the ballot by claiming it is a measure to stop the party from being raided by the Democrats.

On April 2, 2013, Jay Savino, Chairman of the Bronx Republican Party, was arrested by the FBI along with five other candidates and law makers including Malcolm Smith, Daniel J. Halloran III and Vincent Tabone. They were arrested for conspiring to pay bribes to get a Wilson-Pakula to get on the Republican Party Ballot, the same ballot I am trying to get on. This is how John M. Greaney became Bronx Republican Party Chairman. This case is being prosecuted by the Manhattan District Attorney's Office. See The New York Times for April 3, 2013 . “Lawmakers in New York Tied to Bribery Plot in Mayor Race”.

I enclose herewith time stamped copies of the order of this court and the summons and complaint. These documents bear the the date and time stamps of the Board of Elections in the City of New York, the Department of Law and The New York Attorney General's Office showing that all these agencies were served on Friday April 30, 2013.

Very Truly Yours,

Samuel H. Sloan

Copies to:

Daniel S. Szalkiewicz
Attorney for Self and Salvatore Caruso
280 Riverside Drive
New York NY 10025

Stephen Kitzinger
New York City Law Department
100 Church Street
New York NY 10007

Stephen H. Richman
Board of Elections in the City of New York
32 Broadway, 7th Floor
New York NY 1004

Richard P. Dearing
Deputy Solicitor General
Attorney General of New York
120 Broadway
New York NY 10005

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