Sander Hicks, a Brooklyn Democrat who’d been knocked off the ballot — twice — in an attempt to dethrone Congress Member Carolyn Maloney this election season, has now lost a lawsuit he’d filed against the Board of Elections.
Last month, Hicks filed a suit against the BOE after he was removed from the ballot over issues with his petitions. Hicks said he got well over the necessary number of signatures at around 5,500, with 3,500 being required for candidacy, but his petition was rejected because he’d included two addresses on the cover, one his residence and the other his work. The board then sent him a letter informing him he’d have to correct it, although, according to Hicks, he had to guess the problem because he was never told what it was.
A spokesperson for the Board of Elections did not respond to requests for comment.
The letter, Hicks said, was dated August 3, but he only received it a week later, and when he resubmitted the petitions on August 13, he was told he was too late. In response, he filed his lawsuit in the New York City Supreme Court and attended a hearing on August 30.
According to Hicks, he had nearly 5,500 signatures, which is far more than what he needed — 3,500 to run in the general election. However, he said after he submitted his petitions last month, the BOE responded in a letter to reject his petitions over the fact that he’d put two addresses on his cover sheet (one his residence, the other his office for mailing purposes.) The letter, Hicks said, was dated August 3, but he only received it a week later, and when he resubmitted the petitions on August 13, he was told he was too late. He filed his lawsuit on Friday in the New York City Supreme Court and served the board with papers on Tuesday.
“The legal department wouldn’t even meet with me,” Hicks said, calling the issue a “clerical error.”
Congressional candidate Suraj Patel (second to left) has successfully sued two others who’d hoped to run in the primary against Carolyn Maloney, Sander Hicks and Peter Lindner. Both are now off the ballot although Lindner was already knocked off by the Board of Elections. (Photo by Maria Rocha-Buschel)
Patel had actually filed two lawsuits against two would-be candidates, Sander Hicks and Peter Lindner, alleging they didn’t have enough valid signatures on their petitions. As it turned out, the court agreed, with Judge Edgar G. Walker of the Kings Supreme Court in Brooklyn noting Hicks had only 1,140 valid signatures, which was 110 fewer than he needed. After the suit was filed last month, Hicks told Town & Village that he had gotten nearly 2,100 signatures and was confident this was more than enough.
Technically, the minimum for congressional candidates is only 1,250 but candidates know they have to get more if they expect to beat the inevitable challenges from opponents or their supporters. Signatures can be invalidated for a number of reasons, including if the person signing doesn’t live in the district or if that same person has previously signed another candidate’s petition.
The congressional seat representing New York’s 12th District that’s been held by Carolyn Maloney for a quarter century now has truly proven to be the hot seat. In a June primary, she is facing two candidates: Suraj Patel, a former employee of the Obama administration who owns a dozen motels with his family and other partners, and Sander Hicks, a small business owner and former independent publisher. Then there’s Peter Lindner, a computer programmer who ran against Maloney in 2016 and was hoping to do so again.
However, on April 24, Patel filed lawsuits against Lindner and Hicks, which according to a spokesperson for Patel, is charging insufficient and invalid petitions.
In the case of Lindner, Patel’s rep, Lis Smith, added, “The Lindner campaign failed to file the required number of signatures to be on the ballot this June 26. Unfortunately, the Board of Elections won’t enforce its own rules unless another candidate demands it, which we have. We look forward to a spirited election where Democrats have a real choice for Congress for the first time in a decade.”
Democratic congressional candidates hoping to replace incumbent Congresswoman Carolyn Maloney squared off in a debate at the end of March sans the Congresswoman herself, who was originally confirmed for the event but ultimately told the organizers there was a conflict in her schedule.
The two candidates who did appear, Sander Hicks and Suraj Patel, debated at a monthly meeting for the Progressive Action of Lower Manhattan at the Seafarer’s International House at the end of March. Arthur Schwartz, chair of the organization, moderated the discussion and geared some of the talking points to broader, national issues for a change of pace because the group generally only has a chance to discuss local politics, with the candidates discussing the direction of the Democratic Party as well as healthcare, voter participation and advocating for the disabled.
Supporters of former presidential candidate Bernie Sanders are a substantial contingent of the members of NYPAN, with one debate attendee pointing out her tattoo of the Vermont Senator, and Schwartz put emphasis on this early in the debate, asking if the candidates had considered how these progressive voters would be represented in the Democratic National Committee.
Re: Candidate blasts Maloney on Israel, Middle East,” T&V, Mar. 8
Sander Hicks is no match for Mrs. Maloney. Firstly, what kind of activist is he? I also have a book he should read, if he’s smart enough, Old-New Land by Theodor Herzl. Herzl said, “Zionism is a return to Judaism and that even before the return to the Land of the Jews.” He needs to learn that anti-Zionism is the same as anti-Semitism, which means hating Jews. Is his kind of “activism” spray painting swastikas on synagogue doors in the dead of night? It wouldn’t surprise me. I don’t trust him to listen to me with his immature and idiotic viewpoint.
I read your article and so did many Jewish friends and we were all scared to see “men” (bigots) like him rise. Maloney does respond. I worked on her campaign before and people like him called all the time requesting, often impolitely, to be called back pronto. There simply weren’t enough hours in the day for her. As well, if she didn’t jump when he called, why didn’t he just call back? That’s what I do in that situation.