Northeast
NY Democrats blink as controversial state election bill affecting Rep. Stefanik seat declared dead: reports
Editor’s note: This story has been updated to reflect reporting that New York Democrats have decided not to move ahead with the legislation.
A controversial New York state election bill will no longer come to fruition, as multiple reports said the bill was put on hold at the behest of Gov. Kathy Hochul.
Sources separately told the New York Post and City & State New York that Hochul asked the Democrat-majority legislature not to take any action on the legislation – which would give the governor more power to decide when special elections can be held and potentially delay the filling of U.S. Rep. Elise Stefanik’s deep-red upstate seat once the Republican is confirmed as U.N. Ambassador.
The Post reported some of the reasoning stemmed from negotiations between Hochul and the Trump administration as to the longevity of the state-operated MTA’s “Congestion Pricing” tolling program in New York City – which the president has opposed.
City & State reported state Assembly Speaker Carl Heastie, D-Bronx, declared the bill at least temporarily a non-starter at an afternoon meeting.
Assembly Minority Leader Will Barclay, R-Oswego, also confirmed the bill is “no longer moving forward.”
“It was a terrible piece of legislation in policy & principle. Thanks to strong pushback from Republican legislators & North Country residents, the bill has been halted,” Barclay wrote on X.
State Senate Minority Leader Rob Ortt, R-Niagara Falls, added in a statement to Fox News Digital that while the bill “appears to be defeated for now, we will remain vigilant against any effort to bring it back.”
The reform bill had been set to come up for a vote Monday.
Critics called it a naked attempt to keep Stefanik’s North Country congressional district without a representative until November, while Democratic sponsors say it will save local and taxpayer resources.
The bill, which would allow Hochul to postpone elections or combine them with upcoming general elections, was marketed by Democrats as a cost-saving measure that helps ensure more voters will cast ballots in specials.
However, Ortt said that for all Democrats’ claims about President Donald Trump being a threat to democracy, the truth is belied in their own legislation.
“It’s all about the outcome, not process, democracy, voter participation – they could give a s—. They could give a s—,” Ortt said.
TOUGH DECISIONS FOR SANCTUARY CITIES AFTER BONDI’S FUND-WITHHOLDING ORDER
“I can’t shame them; they have none… 800,000 folks [in Stefanik’s soon-to-be-former district] will not have a representative in Congress ‘til November. That’s a disgrace for a party that says it cares about democracy,” he said, predicting Hochul will use the law to its maximum extent when enacted.
Ortt said the bill has two different provisions – one for federal elections and one for state legislative elections and ruminated how they could benefit Democrats.
He pointed out that state Sen. Simcha Felder, D-Brooklyn, is likely to seek an open seat on New York City Council in the politically-moderate, majority-Jewish Borough Park area.
Felder caucused with Senate Republicans from 2013-18, which gave the GOP a slim, technical majority in Albany for part of former Gov. Andrew Cuomo’s term.
Ortt said Democrats stand to potentially lose Felder’s Senate seat, which explains the reported two-tiered changes in the bill.
Meanwhile, Barclay said 44% of New York state voted for Trump and the legislation shows his opposition is still smarting about it.
GOP RIPS HOCHUL’S INFLATION REFUNDS
Senate GOP Leader Rob Ortt (Reuters)
“No, they don’t accept that result,” said Barclay.
“So they’re going to do everything they can, including depriving 800,000 people of a say in the budget [or] the SALT (tax deduction for high-taxed states) bill.”
Barclay noted that if Stefanik’s seat remains vacant when the Farm Bill is voted on later this year, a significant portion of New York’s agricultural lands will lack representation.
But Democrats remained united, with Senate President Andrea Stewart-Cousins saying in a statement that New Yorkers currently face “unprecedented challenges, including the strain on our democracy and our high cost of living.”
“[T]his legislation is a common-sense approach that saves taxpayer dollars while maximizing voter turnout,” said Stewart-Cousins, D-Yonkers.
Currently, Hochul has 90 days to call a special election once Stefanik, or Felder, resigns.
The bill’s text suggested the current special elections’ framework in Albany is an operational and financial drag on counties and taxpayers – additionally citing “voter confusion and fatigue.”
Therefore, giving the governor the power to potentially consolidate elections is pertinent.
As NY1 reported, the bill also does not mandate Hochul – or any governor – to combine special and general or primary elections, but now gives her the power to do so.
Some in Stefanik’s district, however, believe Ortt’s claims may have substance.
“By holding up a special election, they’re keeping the North Country from having congressional representation at a critical moment,” state Sen. Dan Stec, R-Queensbury, told Plattsburgh’s NBC affiliate.
Stec is one of several Republicans vying for the seat, along with Sticker Mule CEO Anthony Constantino, Assemblyman Chris Tague of Schoharie, and author Liz Joy, who previously ran against Democratic Rep. Paul Tonko in the neighboring Capital Region district.
Tague told Fox News Digital that Hochul’s political career began via a special election using the same laws Democrats are seeking to change.
“She’s tossing them aside to cut backroom deals … leaving the people of Upstate and the North Country without a voice,” Tague said.
A spokesman for Stewart-Cousins told NY1 that state Democrats will not “be lectured to by a party that openly celebrated the release of violent felons that attempted to overthrow a presidential election and have opposed every single voting reform that increases voter participation.”
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Maine
USM awards degrees to MaineHealth Maine Track medical school graduates
PORTLAND, Maine (WGME) — It’s graduation season, and 37 medical school grads received their degrees Saturday at USM.
The students graduated from the MaineHealth Maine Track program, which is a part of Tufts Univeristy in Boston.
Program leaders say students specifically trained in community-based medical practices across Maine.
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Eleven of the graduates will begin their residencies at MaineHealth Maine Medical Center in Portland.
Massachusetts
Why backyard beekeeping in Massachusetts is so important
A science-based, mission-driven beekeeping company dedicated to improving pollinator health, Best Bees installs and manages professionally maintained hives for homes, businesses, and institutions.
Host Rachel Holt visits with their team to learn how urban beekeeping is helping strengthen biodiversity.
New Hampshire
Dover SchoolCare ruling could let 89 other NH districts recoup funds
The preliminary injunction ordering SchoolCare to continue paying Dover educators’ health care claims may have implications for the 89 other school districts that paid SchoolCare’s special assessment, according to Anthony Carr of Shaheen and Gordon.
“This could be significant for those 89 other towns and districts,” said Carr, who is representing Superintendent Christine Boston in the lawsuit against SchoolCare.
SchoolCare threatened to stop paying claims on May 1 if Dover failed to pay a special assessment of $1.7 million above and beyond its normal monthly premium in order to cover the insurance risk pool’s losses. Dover refused to pay the special assessment, arguing that it was illegal.
Superior Court Judge John Curran, finding that school employees covered by SchoolCare could face “irreparable harm,” ordered SchoolCare to continue to pay “covered healthcare claims of Dover employees, spouses, dependents, and retirees.”
Curran also found that if the case went to trial, Dover would “likely succeed on the merits” of its case.
Whether the case will go to trial remains an open question, as the judge has not ruled on the claims of SchoolCare and the New Hampshire Secretary of State that the court is not the proper jurisdiction for Dover’s complaint.
“The court will duly consider the important jurisdictional question this case presents in ruling upon those pending motions to dismiss …,” Judge Curran wrote. “For the purposes of this motion, the court finds that the plaintiffs have a sufficient likelihood of establishing jurisdiction at this stage.”
Carr said the order for the preliminary injunction is “very helpful, very favorable.” However, the only “asterisk” is that there is a pending motion to dismiss for lack of jurisdiction.
Favorable ruling hinges on pending jurisdictional argument
Both New Hampshire Secretary of State David Scanlan, through the New Hampshire Bureau of Securities Regulation and its counsel, which intervened, and SchoolCare, have filed motions to dismiss the case with jurisdictional arguments.
“The Bureau respectfully asks this Court to dismiss the District’s Complaint in its entirety because the claims contained therein fall under the Bureau’s exclusive jurisdiction and authority and are best submitted to the Bureau’s administrative enforcement mechanism,” according to court documents.
SchoolCare has argued the plaintiffs can’t show a “likelihood of success on the merits” as the matter needs to be brought before the secretary of state, not the Superior Court.
“Basically, SchoolCare and the Secretary of State are trying to argue that none of these claims brought by Dover, none of these claims brought by Dr. Boston, should be in any court in the state, and these are all issues that should be squarely and solely resolved by the Secretary of State. So that’s really the only lingering issue in that regard,” said Carr.
The lawyer said they’re “hopeful,” based on their comprehension of the law, that a “favorable ruling” will soon come out on the jurisdiction argument.
“Once the jurisdictional issue is resolved, it will be much more clear that the 89 towns and districts likely have causes of action, similar breach of contract actions against SchoolCare to recoup the funds that they were forced to pay under duress, and SchoolCare may not have had a lawful basis to request or receive those funds,” Carr said.
89 members who paid assessment could follow Dover’s lead
Carr explained what the preliminary injunction could mean to the other districts and towns.
“If the jurisdiction were to get resolved favorably, then what those 89 towns and districts would be able to do is piggyback this order, which although it’s directly granting a preliminary injunction, what it’s inherently doing as part of that is saying that we are likely to succeed on the merits of our claim. And one of those claims is the breach of contract claims. So, if we were to be successful on jurisdiction, those other 89 towns and districts would be pretty wise to say that they very well may have viable claims as well,” said Carr.
“This order recognizes that all 89 of those towns and districts may have legal rights to recoup those funds and redeploy them for the betterment of their communities and children, including going toward educational services and staffing. I hope that other towns and school districts will follow the lead of Dover and Dr. Boston and stand up to SchoolCare and demand what’s right,” Carr said in a press release.
He called the judge’s ruling a “huge win for Dover.”
He highlighted one of the immediate results being that district teachers and staff “don’t have to worry about coverage stopping in the middle of a policy period. That’s amazing. We heard stories about a kid who was scheduled to have heart surgery. I believe a staff member needed a kidney transplant. And so, the stakes are very high. And these are people, real humans in Dover, who were worried about how this might go,” said Carr.
“On the flip side, if Dover was forced to pay the ransom, we offered testimony that $1.7 million is the equivalent of about 16 and a half full-time salaries. And we’ve seen in other towns and districts, not just the budget being thrown into crisis, but again, real humans with families being laid off. So it both preserves the status quo for the health coverage for all the fantastic teachers and staff in Dover. And it also, at least for the time being, precludes great teachers and staff within Dover from being laid off,” Carr said.
“I would not want to be the 89th or the 88th town or district that pursues recourse. I think it’s important to act urgently,” said Carr. “I guess I’m on a bit of a personal mission to kind of see all these issues through and to make sure that SchoolCare does not benefit from its own improper conduct. So, we will see what the future holds, but I may very well be representing some of these towns and districts. I would say there’s really no need for any of the towns and districts to wait (for the jurisdictional issue),” said Carr.
Portsmouth agreed to pay assessment ‘under protest’
Trevor McCourt, Portsmouth’s deputy city attorney, said “the city of Portsmouth has not made payment on the $1.57 million assessment at this time. We’ve made arrangement to make that payment by July 15th of this year, and the City Council’s vote was specifically to authorize that payment under protest.”
McCourt said “the last act of the City Council was to agree to make that payment under protest. Certainly, I don’t know what the plan will be moving forward. We plan to make the payment. We continue to make our monthly payments.”
He said they’re “certainly encouraged” by the ruling out of the Strafford Superior Court, and that he personally has already commented “pretty publicly, I agree with the position that Dover is taking.”
What’s next for the case?
Carr said right now, they have “a laser focus on an order on the jurisdictional issue, just so we can make sure that we’ve got the green light to keep these claims in court where we feel like they belong.”
Carr said if they receive a favorable ruling on jurisdiction, they’re attention will be on prosecuting their case and going to trial if needed.
“One of the elements of getting a preliminary injunction is the court has to find a likelihood of succeeding on the merits, meaning that the court is not quite, but kind of pre-adjudicating whether our claims are going to win or not,” said Carr. “So, for the court to find at this early stage that we’ve met that threshold is a great indication, but it doesn’t necessarily mean game over. What it means game over for is that Dover does not have to pay the $1.7 million now. The case will proceed on a 12-month trial track after this, and whether it’s through a jury trial or through pre-trial briefing, we will be hopeful to get a result saying that we never have to pay the $1.7 million.”
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