Yesterday, a judge ruled that Kathy Konst cannot run on a second, minor party line this November.

Kathy Konst’s minority party candidacy in her race against State Sen. Dale M. Volker was invalidated Tuesday by State Supreme Court Justice Timothy J. Drury, who upheld Volker’s challenge to Konst’s nominating petitions.

The judge found that Konst’s Integrity Party petitions had 2,838 valid signatures, short of the required 3,000.

This isn’t going to influence the race one way or another, but I think this proves that electoral fusion is largely a distraction to political races.

A more serious problem for Konst is the revelation of evidence that she voted in Florida and in New York back in 1998.

Kathy Konst, the Democratic county legislator from Lancaster challenging incumbent Republican Dale M. Volker for the State Senate, voted on Election Day in Florida and New York in 1998, according to documents obtained by the Republican Senate Campaign Committee.

Federal prosecutors confirm that falsely reporting the place and period of residence for voting in a federal election violates federal law and constitutes a felony. But they also say the statute of limitations for any offense committed in 1998 expired five years ago.

Konst, however, vehemently denies the charges. She said she did not live in Florida in 1998 and claims the documents are “doctored.”

“It’s absolutely impossible,” she said. “I moved from there in 1992. It’s absurd. I swear on a stack of Bibles.”

While Konst may not be prosecuted, the charge is likely to become a major issue in the hotly contested election.

Officials of the Palm Beach County Supervisor of Elections Office confirmed for The Buffalo News that Konst voted at the polls in the Nov. 3, 1998, general election at polling place 407 in West Palm Beach.

Erie County records, meanwhile, also show her voting at the polls on the same day in Lancaster.

This potentially could be a big problem for her, but then again, if Sam Hoyt can win a primary despite his exposed affairs with interns I doubt that Konst committing a felony will severely hurt her standing among Democrats in the general election.

Could Konst have been the victim of fraud? Perhaps… but depending on much this is pursued, it certainly makes me concerned about the integrity of voting down in Florida — a battleground state — when a Democrat who is no longer a resident somehow manages to cast a vote. If Konst did not vote herself in both Florida and New York, then the real issue is how was a vote cast for her, and what other non-resident Democrats have managed somehow to cast illegal votes in the Sunshine State.

I think a federal investigation is in order here. Konst may be innocent, but the Democratic Party in Florida may be guilty of massive voter fraud.

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It’s pretty sad that the only way Barack Obama can attack John McCain is by linking him to President Bush… my friend Scott Leffler seems to think that a similar strategy would work in the 26th District by linking Chris Lee to Tom Reynolds, who many liberal bloggers in WNY despise, for whatever ridiculous reason they can come up with.

… I just found this web page that lists congressmen based on how well they stick up for the middle class. It says he’s at 50 percent for the year. And he’s gotten F’s on the previous four years they graded.    

Yup, that’s the Tom Reynolds I remember … stickin’ it to the middle class.

And he’s endorsed Chris Lee. I wonder if Lee thought about declining that endorsement? Doubt it. From what I can tell, Lee aspires to be just like Reynolds. He’s got the same campaign staff. And he doesn’t return my calls. Just. Like. Reynolds.

If I were advising the Dems, I’d tell them to make sure to link Lee to Reynolds just like Obama is linking McCain to Bush. After all, no one really believes that Reynolds isn’t running so he can spend time with his family. It’s cause he was afraid of getting his ass kicked.

And no one really believes Barack Obama is qualified to be President of the United States, but that’s not stopping millions from for him… But I digress.

What I don’t understand is why Scott was so quick to accept the assessment of the website TheMiddleClass.org as legitimate and objective. It’s easy for a blogger or even a member of the media to give credence to a poll, or a study, or an organization that tells them what they want to hear, while dismissing those that don’t.

The other day, Buffalo Pundit criticized Chris Lee’s latest ad for citing data from a conservative think tank, the Heritage Foundation. It’s fair argument to make, just as I have similarly questioned the sources Democrats use to support their claims, be it from liberal think tanks, research groups, etc. 

What Scott failed to do (or just chose not to do) was question the source. It would have taken all of 10 seconds to find out that TheMiddleClass.org is run by the Drum Major Institute, and that the Drum Major Institute is a liberal research group. Not bipartisan. Not nonpartisan. Liberal. 

Do I really need to say anything else?

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Following up on my earlier report that a new poll has Obama’s lead in New York trimmed down to 5 points, Ed Cox, who heads John McCain’s New York campaign, believes the poll shows that New York State is very much in play.

The man who heads John McCain’s New York campaign says the Empire State has been very blue in the last four presidential elections with democratic candidates carrying the state by 15 to 30 percentage points.

Ed Cox says that’s about to change. He points to Barack Obama’s 18 point lead in a June Siena College poll that recently has dwindled to just more than two points. Cox calls it a sign New Yorkers are buying into McCain’s message.

 

“He’s a reformer, that he’s a maverick, he’s a real agent of change, he has the experience to protect and defend the people of this country in respect to national security affairs,” Cox explained. “John McCain, for all those reasons which came out at the convention and of course his nominating Governor Palin as his vice presidential candidate, all those things have put New York into play.”

Cox doesn’t believe Hillary Clinton’s influence will be enough for Obama to carry New York State. Cox says comments Clinton made during the primaries that Obama is not ready to be president will sway many of her supporters to vote for McCain.

Cox wouldn’t say if McCain’s running mate, Sarah Palin, would convince Hillary supporters to consider the republican ticket. Instead he goes back to the New York senator’s earlier statements on Obama lacking experience.

“A lot of her supporters are taking her at her word on that,” he said. “They’re taking a look at both candidates and they’re coming to John McCain’s banner. It’s very gratifying to see them coming over to support John McCain.” 

I’m still skeptical that New York really is in play, but it is obvious from multiple polls that Obama’s lead here has dropped significantly. This, while may not be enough to bring about a McCain victory here, does indicate a larger problem for Obama in actual battleground states, such as our  neighboring states Ohio and Pennsylvania. Personally, while it is nice to see the polls close here, I’d much rather see the New York State Republican Party concentrate their GOTV resources for the presidential race down in those states.

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Buffalo 14228 makes this weak argument against Mike Ranzenhofer:

He’ll do what Mary Lou Rath, the current Republican state senator for 14 years, was unable or unwilling to do…get something done. No sense going through the list of all the previous ineffectve Republican predecessors. All you need to know is that the State Senate has been controlled by Ranzenhofer’s Republican Party for the last 75 years. Electing him won’t correct what amounts to a Republican institutional problem.

The fallacy of this argument is that the New York state government is by no means a Republican institution. If Republicans lose control of the state senate, then the Democrats will have control of the Assembly, the Senate, and the governorship. That, my friends, would mean the Democrats would have an unfettered rubber stamp to impose more regulations and higher taxes, which ultimately leads to driving out the population and driving out businesses. You don’t have to take my word for it… it’s happening right now in Massachusetts.

If that’s what the netroots want, then by all means they can vote for Baby Joe. But, I think this state deserves better than a dysfunctional one-party government.

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Nancy Pelosi may be publicly supporting Charlie Rangel by saying she won’t ask him to step aside, but the New York Post says sources tell them that privately, Pelosi is urging Rangel to step aside.

House Speaker Nancy Pelosi yesterday privately pushed Rep. Charlie Rangel to give up his chairmanship of the influential House tax-rules committee amid explosive revelations that his personal tax filings were riddled with errors and omissions, a wellplaced source said.

[...]

One member of the New York congressional delegation who supported Pelosi’s decision said, “You have to have one standard - you can’t have one for [Republicans] and one for us.”

Rangel himself remained mum on his sitdown with Pelosi after exiting a later, separate meeting with fellow Democratic committee members.

“I am unable to say anything,” he said before bizarrely rattling off his name, rank and serial number from his Korean War days. “Do to me what you want, I’m not talking.”

The 76-year-old politician smiled when asked if he was still chairman of the powerful tax panel.

Pelosi later denied through spokesperson Nadeam Elshami that she has asked Rangel to step aside.

 If Pelosi doesn’t ask Rangel to step aside as chairman, then John McCain stands to benefit significantly, as he supports the fact that unlike his fellow Democrats, he’s willing to target corruption within his own party. As the Democrats’ presidential nominee, Barack Obama should have called for Rangel to step aside when the allegations first surfaced. But, he didn’t, thus missing his chance to match his rhetoric with actions. But then again, when your campaign is based on slogans over substance, what else were we to expect?

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A new poll by the Siena Research Institute shows New York is looking a lot more purple than blue, with Obama leading McCain 46-41… the poll has a MOE of +/- 3.9 points.

The race for the White House is a statistical dead heat, according to a new poll.

Sen. Barack Obama, the Democratic nominee, leads Sen. John McCain, the Republican nominee, 46 percent to 41 percent in a survey of 626 registered voters by the Siena Research Institute in upstate Loudonville. The survey, conducted last week, had a margin of error of plus or minus 3.9 percentage points.

“Although New York has long been regarded as a ’safe’ state for Democrats in presidential politics, likely voters in the Empire State are currently only giving Senator Obama a five-point cushion,” said pollster Steven Greenberg. “The conventions are over. The running mates are set. And as voters begin to focus on the race, New York’s overwhelming Democratic enrollment advantage is not reflected in how voters tell Siena they plan to vote.”

Democrats have a 5:3 enrollment advantage in the state.

The poll also found that 47% of respondents say Sarah Palin is qualified to be president, while only 41% said she isn’t.

Things look well for Republicans on the state level as well.

In terms of state issues, people were evenly divided, 44 percent to 44 percent, on whether the State Senate should remain in Republican hands. The GOP majority is down to just two seats with Democrats making a strong push to take control of the legislature’s upper chamber for the first time in more than 40 years.

This is huge. If this poll is correct, New York is in play. If New York is in play, then this is really bad news for Barack Obama, as it is clear that as we get closer to the election, McCain is increasing his lead in battleground states, or is closing the gap.

Of course, this poll could merely be an outlier. Quite frankly, as encouraging as this poll is, I’d like to see a couple other new polls reflect the same competitiveness in the state before I start looking at New York as a battleground state. There have been polls that had Obama up by eight points, but most have given him a very solid lead.

UPDATE: Real Clear Politics Poll Average has Obama up by 15 points in New York. There has, however, been a significant jump for McCain in New York, and it is worth noting that prior to the poll from Siena Research Institute, the last poll is over a month old.  The last poll from Siena had Obama up by 8. So, their polling has shown a similar tightening of the race as other polls have.

I have no doubt McCain is closing the gap in New York, but I need to see more polling that shows the race as tight as Siena has it before I’ll believe it is truly that close.

UPDATE: Russ Gugino, head of McCain’s campaign in Western New York reacts:

“I’m pleasantly surprised, but not too surprised,” says Russ Gugino, the head of McCain’s campaign in Western New York.

“I’m not worried,” says Betty Jean Grant, a local Obama organizer.

Not worried she says because she believes the new numbers reflect a post-convention bounce for McCain caused by his choice of Sarah Palin for Vice President.

“I think people who might be a little angry, frustrated, because Hillary (Cinton) did not make the choice for Vice President,” she says.

“These people are going to say at the end of the day ‘I’m going to do what’s best for my family, what’s best for my pocketbook, what’s best for me.’”

NBC Mews political analyst Chuck Todd tells Scott Brown that when looking at the new poll, it’s important to note that McCain didn’t pick up any new voters.

Todd says the race got a little closer only because some Obama voters moved into the undecided column after the Republican convention, and that’s to be expected Todd says.

Scott Brown: “Do you think McCain has any shot in New York, and do you think we’ll see him do any campaigning here?” Todd: “No, he’s got no shot in New York. It’s really tough when you look at where he’s got to do well in other parts of the country to spend the money that it would take to make New York competitive, it’s just not a wise investment.”

“We’re trying to get Sarah Palin here, we’re trying to get John McCain here,” says Russ Gugino.

I don’t think the poll is showing the effect of a post-convention bounce. I think it shows a gradual bleed of support away from Obama. Polls of the state have trended in that direction. Still there’s plenty of reason to doubt the race in New York is really within the margin of error.

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Yesterday, Chris Lee was endorsed by the Buffalo Niagara Association of Realtors. In a ”I am honored to have the support of the Buffalo Niagara Association of Realtors,” said Lee.  “We share the common goal of working towards keeping the dream of homeownership alive for working families in Western New York.”

The Buffalo Niagara Association of Realtors (BNAR) is a 3,000-member association of Realtors and Realtors Associates, brokers, agents, appraisers, property managers, mortgage lenders and attorneys. The purpose of the BNAR is to maintain an orderly and efficient real estate market in Western New York.

“With the support of the Board of Directors and our membership, we want to continue to reinforce how important strong, consistent leadership is necessary for Western New York and the region to move forward economically while providing the fine quality of life the people in Upstate New York deserve,” said James Knight, 2008 BNAR president.  ”Thanks to Mr. Lee’s background, position on key homeowner issues and vision for this community, we think he is just the man for the job.”

Today we also learned that Chris Lee will has received support from the NRCC:

The National Republican Congressional Committee, despite its economic woes, has put money into Chris Lee’s campaign in the 26th Congressional District.

Lee’s campaign manager, Nick Langworthy, reports that the NRCC, which has a history closely tied to the 26thDistrict, has paid about $84,200 in a television advertising buy in Buffalo. The campaign coordinated the ad buy with the NRCC and paid for the same ad, a bio piece on Lee, to air in Rochester.

Alice Kryzan, since winning the primary on Tuesday, now has the backing of the DCCC, in their Sloppy Seconds Red To Blue program.

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A few comics based on the results of last night’s primary elections.

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According to this email sent from the Powers campaign, Jon Powers has not yet decided whether to continue his campaign, since he is still on the ballot in November under the Working Familes Party line:

Erin and I would like to thank each of you for the opportunity and honor to campaign for New York’s 26th Congressional District. I decided to run for Congress because the America that you and I believe in lost its voice in Washington. That is why we built a grassroots campaign that is based on the voices of the hard working men and women of Western New York.

With your help we started a conversation in your living rooms that began with holding 30 house parties in 30 days or last week visiting all 7 counties in 7 days. Thank you for sharing with me your challenges, concerns, and ideas on how we can make Western New York and this nation a better place.

Our conversation continued at roundtables talking with teachers about education, farmers about agriculture, Generals and veterans about the war, small business owners about the rising cost of health care and students about the rising costs of higher education.

This conversation really instilled in me the belief that together we have the power to change Washington.

None of this would have been possible without the unbelievable support and help of you, the Powers Platoon. One of the wonderful Platoon Leaders sent me an email this morning that I believe says it best,

This was way more than a campaign — it was a movement. A movement that must continue in some way or another. We built a coalition of people from the bottom up that joined together like I have never, ever seen here before.

She is absolutely right! I was honored to be a part of this effort as we stared down millionaires whose only line of defense was false political attacks and smears. Millions of dollars were spent in lies attacking our efforts because they were afraid of the power of this movement.

I am proud of serving our nation in Iraq, I am proud of the groundbreaking work of War Kids Relief that continues to this day to help the forgotten children of Iraq despite the lies of my opponents, and I am tremendously proud of this campaign that you and I put together.

As we are still on the ballot as the nominee for the Working Families Party, my family and team are currently deciding how best to proceed.

We want to thank each of you for your hard work and dedication. This campaign was never about an individual, it was about this community. If you believe that together we have the power to change Washington, this campaign is about you.

Thank you,

Jon

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I have to admit, that I never really had a major problem with David Paterson since he became governor. Today, however, he has pissed me off beyond belief, by taking a page right out of the DNC playbook and playing the race card.

On Monday, Gov. David Paterson angered some state lawmakers by comparing them to vampires, calling them a bunch of “blood suckers.” On Tuesday, he raised eyebrows again, and tempers, by accusing the John McCain campaign of veiled racism.

At the Crain’s Business Forum this morning, Paterson drew attention to a phrase used numerous times by speakers at the Republican National Convention to describe Barack Obama’s leadership experience: community organizer.

“I think the Republican Party is too smart to call Barack Obama ‘black’ in a sense that it would be a negative. But you can take something about his life, which I noticed they did at the Republican Convention – a ‘community organizer.’ They kept saying it, they kept laughing,” he said.

Paterson referred to McCain’s running mate Sarah Palin who compared her work experience to Obama’s.

“So I suppose a small town mayor is sort of like a community organizer, except with real responsibilities,” she said at the convention.

Paterson sees the repeated use of the words “community organizer” as Republican code for “black”.

Sadly, this is the game Democrats want to play. Protect the Obamessiah by accusing his rivals who dare criticism his lack of experience.

How dare you, Mr. Paterson. How dare you! 

David Paterson has accused all Republicans of being racist. 

I am a proud supporter of John McCain. I am a proud conservative Republican. I will not be bullied into keeping legitimate criticisms of Barack Obama’s experience (or more accurately, lack of experience) quiet.

I may have long disagreed with Paterson on various issues, but I didn’t dislike him or consider him a political enemy. Until tonight.

David Paterson has proven to be as shameless as the rest of the Democratic Party. I thought he was above that.

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I’m sorry, but I just can’t get my head around this. Sam Hoyt has affairs with interns in Albany, and yet, the Buffalo News, in their endorsement of Hoyt, is telling Democrats to ignore the scandal, and vote for the guy anyway.

Democratic Party voters in the Buffalo Assembly district now represented by veteran lawmaker Sam Hoyt have a difficult decision to make in Tuesday’s primary, and it has not been made any easier by a last-minute influx of ads supported by a high-sounding independent organization — an organization with eyebrow-raising ties to a political influence committee co-directed by an old political enemy of the assemblyman. This race has become a mess. Our recommendation — stay with Hoyt.

Beyond Hoyt’s deplorable personal conduct, there remains a solid record of service to Buffalo and of strong efforts to pass legislation of benefit to this region. Character is a key issue, but it is even more critical to choose candidates who can champion and accomplish important things for their districts, and Hoyt has proven he can do that for Buffalo. 

No, the Buffalo News, in endorsing Hoyt, are saying that character is not an issue. Instead of giving him the criticism he deserves, they paint him as the victim of a smear campaign, and he just merely provided the ammunition.

Whatever. If the Democrats want Sam Hoyt, they can have him. It speaks volumes about their hypocrisy.

Now, Buffalo Pundit, who has repeatedly attacked Tom Reynolds (with left-wing blogger talking points) saying he “covered up” the Mark Foley scandal, has also endorsed the intern hunting Sam Hoyt.

Go figure.

As I’ve already pointed out, the Democratic Party has a long history of elected and reelecting Democrats who have violated the public’s trust. Whining that Sam Hoyt, who has admitted to his affairs with interns, is the victim of a smear campaign, after spending the last two years smearing Tom Reynolds is just classic Democrat hypocrisy.

I guess for liberals, being a member of the Democratic Party is like having a Get Out Of Jail Free card… you can accept bribes like William Jefferson (D-LA), have affairs with underage congressional pages like Gerry Studds (D-MA), or be a pedophile like Mel Reynolds (D-IL) and get a free pass. 

If the Democrats have a moral compass, it’s leading them straight toward Sodom and Gomorrah. 

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A sad, but amusing article in the Buffalo News today says that with New York’s capital city, with its fair share of sex scandals, has earned the label of “Sin City.”

A former legislative aide accuses an assemblyman of sexually harassing her.

An underage intern accuses an assemblyman of raping her in a hotel room, then recants and says it was consensual, although he gave her alcohol.

An aide to the Assembly’s top leader is accused of raping two women, and the assemblyman stands by him until very recently.

The governor resigns as a federal investigation uncovers he had been seeking the services of high-price prostitutes. His successor admits that he and his wife had had affairs.

And now a Buffalo assemblyman admits he had been unfaithful to his wife several years ago but says his conduct did not violate any laws or State Legislature rules.

What is going on in Albany? According to longtime Albany insiders, the state capital has more than earned its nickname “Sin City.”

“Albany is a conducive environment to this kind of thing,” said Barbara Bartoletti, legislative director of the League of Women Voters of New York State, who has spent 28 years in Albany. “That may be true of every capital in the nation. You have a lot of powerful people, and young people tend to be attracted to powerful men.”

.

I moved to Buffalo the day before Eliot Spitzer resigned in disgrace. As much as I despised the man, it was unfortunate to be welcomed to New York when its top executive was forced to resign. It’s just really unfortunate Albany is more of a city of elected officials doing monkey business rather than the people’s business.

But, I guess they’re all private matters, right? 

UPDATE: More at Albany’s Insanity.

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Great idea. Love it. 

Of course, I’d love to see Byron Brown have a GPS system in his car.

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Last week was another busy week for Dan Humiston.

Back on Tuesday, Dan Humiston called on Congress to get back to work and solve the energy crisis. “Americans can’t afford to wait until the middle of September for Congress to address the energy crisis,” Humiston said.  “With gasoline over $4.00 a gallon, many Western New Yorkers are cancelling their summer vacations.  We need Congress to make the same sacrifice.”  

Congressman Brian Higgins, whose seat Humiston is running for, joined his fellow Democrats in abandoning the American people by going on vacation without doing anything about the energy crisis.

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Alice Kryzan, one of the three Democrats running for Congress in the 26th District, is calling on Jack Davis and Jon Powers to join her in signing the so-called “Voters First Pledge” which “commits a candidate to supporting legislation to create a system of public financing for qualified candidates who agree to strict spending limits and to take only small donations.”

Somehow, I don’t think Jack Davis or Jon Powers will go for it, and I don’t Kryzan believes they will either, considering the criticisms of her opponents written in the release:

Reiterating her commitment to eliminate the stranglehold of special interest money on Congress, Kryzan said:

“We’re not going to have a Congress that works for working families when its members need to raise millions of dollars every year, and the election cycle essentially never ends. It is time for candidates who are serious about changing Washington to begin by changing the way they get to Washington. It’s time to not just talk the talk, but to begin to walk the walk. And that’s why I ask my opponents to join me in signing the Pledge.”

Kryzan is running in the September 9th primary against millionaire Jack Davis, a three-time congressional candidate who’s pledged to spend $3 million of his own money on the race, and Jon Powers, who has received hundreds of thousands of dollars from special interest PACs and lobbyists. Kryzan issued an additional challenge to her opponents, calling on them to join her in limiting the overall spending of their primary campaigns to three quarters of a million dollars.

As the party-endorsed candidate, special interests and out-of-state left-wing activists have been funding Powers campaign, which has also been spending significant amounts of that money. Jack Davis already thinks he’s superior for not accepting any contributions and using only his personal fortune to fund his campaign.

I think Alice is on her own with this one.

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File this under “Stupid ideas”….

With the price of gasoline at $4.196 on average in Western New York,  several town highway departments have switched to a four-day, ten-hour schedule to control costs, while business and government  nationwide have begun to consider the alternative schedule as a way to beat pain at the pump.

The Elma and Wales highway departments are already operating on longer day schedules, saving set up time and driving one day a week. The town of Aurora will begin  a similar program next month. Statewide several towns are looking at the alternative as a way to cut gasoline costs.

The sad thing is that some people actually think the idea can work:

Removing one day from the workweek may not result in large personal savings for families, but could trigger a drop in demand that might drive prices down, according to Peter Beutel, an oil industry analyst with Cameron Hanover Inc.

“A four day work week could actually put the price of gasoline beneath three and possibly even below two dollars given time,”  Beutel tells WBEN

I’m sorry, but it won’t. In fact, it may encourage greater consumption of gasoline by lengthening the weekend, and putting more cars on the road.

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