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WORKING FAMILIES PARTY LAWSUIT vs PUBLIC CAMPAIGN FINANCING & ELECTION COMMISSION
click here for record: (Niagara County #E169547/2019)
6. On or about
April 1, 2019 the Assembly and Senate of the State of New
York (the “legislature”) enacted a series of bills
comprising the budget of the State of New York for the
fiscal year 2019-2020, pursuant to the budget
process set forth in the Constitution, relevant statutes and
relevant rules. That budget became effective pursuant to the
same Constitutional provisions, statutes and rules…. 55. Defendant
Governor of the State of New York is the chief executive and
head of the executive branch of state government with powers
and duties set forth in the Constitution. The Governor
supported and helped create the budget statute and the
PCFEC… 56.Defendant Assembly is a
house of the Legislature empowered under the Constitution to
exercise the legislative function. The Assembly adopted the
budget statute. 58.Defendant Senate is a
house of the Legislature empowered under the Constitution to
exercise the legislative function. The Senate adopted the
budget statute. AS AND FOR A SECOND CAUSE OF ACTION 75. Plaintiffs seek a judgment of this Court declaring that the Constitution and laws of the State do not permit the creation of an entity for the purpose of making laws other than the Senate and Assembly, nor may such entity including the PCFEC take any actions which actually or effectively create law; nor will any such action be of legal force and effect. 77. Plaintiffs
seek a judgment of this Court declaring that the
Constitution and laws of the State do not permit the
modification or repeal of an enactment except by means
equivalent to those used to create such enactment. WHEREFORE , Plaintiff demands judgment on the aforementioned causes of action along with damages, costs of the action and reasonable counsel fees. Plaintiffs ask this Court for an order and declaratory judgment in favor of Plaintiffs and against Defendants:(c) declaring the budget statute unconstitutional to the extent it improperly delegates the Legislature's lawmaking power to the PCFEC;
WHO ARE THE LEGISLATIVE PLAINTIFFS?
Assemblyman David Buchwald, ESQ.
Assemblyman Robert Carroll, ESQ.
Assemblyman Harvey Epstein, ESQ.
Senator Robert Jackson
Assemblyman Phil Steck, ESQ.
Acting Supreme Court/Court of Claims Judge Richard C. Kloch ballotopedia
----------------------------------------------- Press Reporting & Editorializing
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[budget resource page -- constitutional, statutory, rule provisions & caselaw]
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