Court Finds Poll Inspectors Created Enough Irregularities To Invalidate Results; Denies Relief Because of “Timing”.

BROOKLYN, NY -- Russell Gallo, the Iraq War veteran running for State Assembly in the 45th District located in Southern Brooklyn, stated that he will not appeal the decision of Brooklyn Supreme Court Justice David I. Schmidt denying his Petition demanding a new primary - despite also ruling that he deserves one! 

In a contradictory 13-page decision, Judge Schmidt acknowledged that Board of Elections incompetence caused 2 out of every 5 Independence Party members in Brooklyn's 45th Assembly District to be given the wrong ballot -- a ballot for the Democratic Party primary -- which resulted in Gallo “losing” by 3 votes.  Schmidt even agreed that Gallo's suit was "meritorious" and that the irregularities made it impossible to determine who won. 

However, Judge Schmidt refused to invalidate the results of the September 13th Primary and order a new election because the Board of Elections, which is responsible for the Primary day screw-up, claims that there isn't enough time to fix their mess.

In his Petition, Gallo presented evidence that at least 4 voters received the wrong ballots and wrote-in his name as their choice of candidate, which would have given Gallo a one vote edge.  Further investigation by the Gallo campaign revealed that at least 26 out of 65 Independent Party voters who signed in to vote on Election Day did not have their vote count. 

Gallo was virtually speechless in response to the Court’s ruling. "The judge agreed that the Board of Elections screwed up, but refuses to make them fix the situation simply because they say they can’t,” said Gallo, who was assigned as Military Police Sergeant / Team Leader in Baghdad and helped keep the peace when Iraqis held their first-ever free elections in 2005.   “We will never know who truly deserved to be the Independence candidate because we’ll never know who actually won the Election,” said Gallo.

"This decision betrays logic," said Gallo's attorney, Gene Berardelli, "The Board of Elections failed to administer a fair election and the Court is allowing someone to remain on the ballot that didn’t earn that right.  Allowing a candidate to “win” a botched election should offend everyone who loves America and democracy."

Brooklyn Republican Chairman Craig Eaton added, "Russell Gallo risked his life in Iraq at a time when they were having their first free elections, but he can't even get that here at home because of bureaucratic incompetence. This cannot stand."

## Election Law Gallo v Akselrod PDF
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About Gene Berardelli, Esq.

To learn more about the author, check out the "About Us" page. Behind Enemy Lines Radio is a national Award-Winning radio show / podcast broadcasting live out of the belly of the Democratic beast - "The People's Republic of" New York City that airs on multiple radio stations as part of the Talk America Radio Network. It is also an "Insider" column on Newsmax featuring show hosts Gene Berardelli and Russell Gallo. The show is also available on multiple networks across the internet, with more being added regularly.


  1. Captain America

    Russ, Gene, Craig - Stay Positive. I know it is hard, but you have to!
    The Board of Elections has to be made accountable for their blunder.
    The entire Board of Elections has to be revamped and started a new as if the old one never existed guys.
    The Judge agrees with you Russ!
    Then disagrees with you Russ!
    Great system. Imagine if this was a murder trail, well I know you didn't do it Mr. Gallo, but the police made a mistake and it's too late to change what they did wrong Mr. Gallo. So I have to give you 25 years to life. Sorry Next case.
    To say one person made a mistake or a group of people made this mistake and to get rid of them is a mistake, mistakes happen or was this a political move and play, sometimes like I have told you all, your friends are not really your friends. Then sometimes your worst enemy in the pass can become your best friend.
    Here those in power created this Board of Election to be fair with all Party lines, they give people that are friends jobs and in turn those they hire can screw either Party.
    From what I see you guys are lawyers. politicians, etc. You should have a brainstorming meeting. What needs to be done to make this run smooth for both parties. With the Board of Election it is politics and it is about party lines.
    Everybody will forget it anyway in a few weeks, business as usual. One more thing make sure the dead people stay on the lists, and this alone tells me no body really cares.
    Russ they more than likely made the blunder while text messaging and think it will get worst and worst.
    Russ again as your friend my heart goes out to you and the rest of the guys and try with all your heart to stay positive. I do know you all try. Maybe the Board of Elections should hire people that comprehend simple tasks and you should make sure text messaging at their work location and the polls is out, unless you all want more of what happend to you Russ,


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