A Supreme Court judge holds off on a decision after hearing a motion Friday to dismiss a lawsuit challenging the casino referendum. Innae Park has the latest.
NEW YORK STATE -- "This has nothing to do with gambling. This has to do with process," said Eric Snyder.
That's why attorney Eric Snyder is filing a lawsuit against the state Board of Elections over the casino referendum, which has already been mailed overseas to military voters and is set to be voted on next month.
Snyder said, "They violated constitution because they're advocating a position of public expense."
In court Friday, Snyder said the touting of positive outcomes of the legalization of casinos is clearly motivated by advocacy. But those aren't his only concerns. Snyder says the board went over its authority by changing the language and was not clear about that change in its July 29th meeting. The meeting aired online.
"I could not have watched the webcast and knew what they were voting on. And I believe Open Meetings Law requires that the public knows what's being voted on," Snyder said.
"The state board isn't hiding anything here. It was done in a live meeting. There's nothing to hide," said Paul Collins, New York State Board of Elections Legal Counsel.
The board's counsel has filed a motion to dismiss the suit, arguing their process was public enough and Snyder had lost his chance to file a complaint, since the deadline to do so was July 19. Snyder disagrees.
Snyder said, "When I'm being accused of latches by unreasonable delay, they need to look in the mirror."
That's because a copy of the referendum wasn't posted online immediately. In fact, it was over three weeks later. But that, too, was done the right way, according to the board.
Connolly said, "There's no requirement for the state board to post on its website. The delay, if anything, was more logistical. Staff resources being out on medical leave."
Judge Richard Platkin will make a decision next week, which could have a major impact on the voting process. Ballots could be reprinted, audio recording re-taped, but with electronic ballots, polls may not be too affected. All this depending on his decision.