Odell Still Standing

Despite a challenge that could remove Mary Ellen Odell from the September 14 Republican primary, the county executive candidate remains in the fight against State Sen. Vincent Leibell—at least until next Tuesday.

Supreme Court Justice Francis Nicolai ordered Wednesday morning that the attorney for the Board of Elections and the attorneys for the two county executive candidates must come to an agreement on which signatures on Odell’s petitions are objectionable and which ones are not. On Tuesday, August 10, the parties will appear before Justice Nicolai, who will determine which additional signatures, if any, to invalidate.

State Senator Leibell challenged about 500 signatures and 228 have already been disqualified by the Board of Elections.

The 228 voided signatures were not enough to remove Odell from the ballot. However, Leibell said removing her is not the ultimate goal. “This is about holding Mary Ellen Odell to a standard, and holding [Board of Elections Co-Commissioner] Scannapieco to an ethical standard, which he has never adhered to,” Leibell said. James Walsh, Leibell’s attorney, will make a case for why additional signatures should be removed.

But Scannapieco does not think any more of Odell’s signatures will be invalidated. “We had the staff go over all the objections last time, and we feel confident in the decision we made. I don’t think any changes will be made,” Scannapieco said.

If the two sides cannot agree on which signatures will be removed, Judge Nicolai will make a decision on the disputed names. Nicolai told the Courier Wednesday afternoon that there are 220 signatures still in question. “I’m sure attorneys for both sides can narrow the number down. Any of the signatures that still need clarification will be decided upon when the attorneys meet with me.” “I would expect to see Mary Ellen on the ballot; it’s the only fair thing,” said Neil Sullivan, a campaign advisor for Odell. “The people want her on the ballot.”*

Confirming reports that citizens who signed Odell’s petition to ballot were being visited at their homes, Leibell told the COURIeR that he has people investigating the authenticity of Odell’s signatures.

Julie Booth of Carmel said a representative for Leibell came to her house late Tuesday afternoon and started asking questions about the petition she signed for Odell. “He wanted to verify my signature and asked if I raised my hand and took an oath before I signed,” Booth said. “He asked if I would be willing to sign an affidavit saying the proper process wasn’t followed.” Booth told the rep that she supported Odell and would not sign the affidavit. “I had my kids there so he wasn’t at all confrontational but it was a little intimidating.”

Henry Gruse, of Southeast, said a person claiming to be a representative of Leibell showed up at his house at 8:45pm Tuesday night. “He was trying to be intimidating … throwing his weight around a little bit … but he wasn’t intimidating me,” retired Mamaroneck Police Commissioner Gruse said. Gruse said he was asked to sign an affidavit, as Booth was, but the person told him that if he signed, it would only confirm his original signature on the Odell petition. “Shame on me,” said Gruse, “I did not read the whole thing.”

As the COURIeR reported last week, Leibell accused Scannapieco of campaigning for Odell and maligning him. He referred to the Board of Elections as a cesspool and also said that Scannapieco approved invalid signatures to keep Odell on the ballot.

“To malign the staff at the Board of Elections is way out of line … even for him,” said Scannapieco. He accused the senator of having very thin skin for a man who has been in politics for 30 years. “He just can’t stand having competition,” Scannapieco said. “He thought he would be the anointed one, because everybody loves Vinnie … Well, he’s going to find out that not everybody loves Vinnie.”

“My skin is just fine,” Leibell said in response. “I’ve lived 28 years in competition; I’ve had primaries and 14 general elections. Competition doesn’t bother me in the least.”

The senator said that his criticism of the BOE staff was not out of line. “Scannapieco is nothing more than a petty political thug … That office tone is set by him ... And it’s a low tone. They are his appointments and that operation stinks.”

James Borkowski, candidate for the 99th district Assembly seat being vacated by Greg Ball, who is running for Leibell’s seat, attended the hearing Wednesday serving as a “second seat” to Walsh. “He is more than welcome to sit there on my behalf … He is an excellent attorney,” Leibell said.

Borkowski, who last fall ran for Putnam County sheriff, was involved in the effort to remove fellow Republican Andrew DeStefano from the ballot. DeStefano’s signatures were successfully challenged at the time on the Law Enforcement party line. Controversy continues to swirl around the events of last fall, though, with DeStefano claiming he was wrongly coerced to get out of the race altogether and that Borkowski’s petitions were never properly examined.

*(In the interest of full disclosure, the COURIeR employs Mrs. Patrice Sullivan, who is in advertising sales.)