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Judge orders Powers name back on ballot

By Howard B. Owens

Yesterday, it looked like Jon Powers would be removed from the Working Families Party line, and Democratic congressional candidate Alice Kryzan would take his place.

Late last night, a Federal judge overturned the previous ruling, according to the Buffalo News.

The battle over the third-party line is significant because Powers garnered 36 percent of the vote in the September Democratic primary — and if he is barred from the ballot, those voters wouldn’t see the Iraq War veteran’s name on the ballot. In addition, voters turned off by the sharply negative campaign between Kryzan and Lee wouldn’t be able to cast a protest vote for Powers.

Kryzan and Lee campaign officials said they had not seen the details of Arcara’s decision and could not comment on it.

Interesting take that voters would cast protest votes for Powers if his name appears on the ballot.  Wouldn't it be just as likely that such voters would simply abstain in the race?

And why is this such a difficult issue for the courts? Powers moved out of state, so isn't it obvious his name should be taken off the ballot?

A recent poll gives Chris Lee about a 14 pecentage point lead in the race. I'm not sure the Powers line is going to add or substract that many votes for Kryzan.

Another bit of Alice Kryzan news: She'll be attending a roast beef dinner this evening in LeRoy. It's at the United Methodist Church at 5 p.m.  We know this because Kryzan campaign sends us a notice when Alice makes public appearances in Genesee County. We never get such notices from Lee's campaign, so we have no idea where you might go today or tomorrow to ask him any questions.

Campaign contributions pile up for 61st Senate District candidates

By Howard B. Owens

The Buffalo News reports that money has been pouring into both campaigns of the hotly contested 61st State Senate District race.

Joe Mesi, the Town of Tonawanda Democrat running to succeed retiring Sen. Mary Lou Rath, a Williamsville Republican, has received about $47,000 in donations the past 10 days or so. His biggest contribution — $9,000 — came from Robert Soros, son of billionaire liberal activist George Soros.

Michael H. Ranzenhofer of Amherst, Mesi’s Republican opponent, brought in $39,000, with big donations from New York City landlords and the National Rifle Association.

Round up of 26h District Coverage

By Howard B. Owens

The political newsletter Cook Report now lists the NY-26 race between Republican Chris Lee and Democrat Alice Kryzan as a toss up. The blog of the College Democrats of NY has a quote purportedly from the report, but no link to the source document.

The Buffalo News has a story up about the misleading campaign ads from both sides. It's mostly stuff we've covered before, but you get some new quotes from the candidates. The new bits would be that attorney's from the other side of the Love Canal law suit have come out in support of Kryzan defending her against Lee's attack ads, and the employee's of Lee's company are defending Chris Lee against charges that the company has outsourced jobs to China.

The 26th District Blog has the text of the full letter from Enidine employees.

Jill Terreri of the Democrat & Chronicle runs down area House races. She suggests that Kryzan is doing well in the district by riding Barack Obama's coattails. While that may be a part of it, I think it misses the fact that there are significant differences in campaign styles, which we discussed previously. Terreri's report runs through the candidates stands on various issues and some of the mudslinging.  If you haven't been following the race, it's a good primer.

The Civil War brewing in the GOP

By Howard B. Owens

Many GOP leaders are not only beginning to concede Nov. 4 to Barack Obama, they're predicting a landslide.

It leads to the question: Will John McCain put "Country First" and work to protect the GOP power to filibuster?

But another big issue is how the party is dividing along Cultural War lines.

Mr Frum argues that just as America is changing, so the Republican Party must adapt its economic message and find more to say about healthcare and the environment if it is to survive.

He said: "I don't know that there's a lot of realism in the Republican Party. We have an economic message that is largely irrelevant to most people.

"Cutting personal tax rates is not the answer to everything. The Bush years were largely prosperous but while national income was up the numbers for most individuals were not. Republicans find that a hard fact to process."

Other Republicans have jumped ship completely. Ken Adelman, a Pentagon adviser on the Iraq war, Matthew Dowd, who was Mr Bush's chief re-election strategist, and Scott McClellan, Mr Bush's former press secretary, have all endorsed Mr Obama.

But the real bile has been saved for those conservatives who have balked at the selection of Sarah Palin.

In addition to Mr Frum, who thinks her not ready to be president, Peggy Noonan, Ronald Reagan's greatest speechwriter and a columnist with the Wall Street Journal, condemned Mr McCain's running mate as a "symptom and expression of a new vulgarisation of American politics." Conservative columnist David Brooks called her a "fatal cancer to the Republican Party".

The backlash that ensued last week revealed the fault lines of the coming civil war.

Rush Limbaugh, the doyen of right wing talk radio hosts, denounced Noonan, Brooks and Frum. Neconservative writer Charles Krauthammer condemned "the rush of wet-fingered conservatives leaping to Barack Obama", while fellow columnist Tony Blankley said that instead of collaborating in heralding Mr Obama's arrival they should be fighting "in a struggle to the political death for the soul of the country".

During the primaries the Democratic Party was bitterly divided between Barack Obama's "latte liberals" and Hillary Clinton's heartland supporters, but now the same cultural division threatens to tear the Republican Party apart.

Jim Nuzzo, a White House aide to the first President Bush, dismissed Mrs Palin's critics as "cocktail party conservatives" who "give aid and comfort to the enemy".

He told The Sunday Telegraph: "There's going to be a bloodbath. A lot of people are going to be excommunicated. David Brooks and David Frum and Peggy Noonan are dead people in the Republican Party. The litmus test will be: where did you stand on Palin?"

I think traditional conservatives should tell the social conservatives: "Hey, you want the GOP? It's yours. See if you can win without us. We're going over here and starting a new party."

Mailer's campaign to split the state

By Howard B. Owens

In 1969, novelist Norman Mailer ran for mayor of New York City on a promise to make the city the 51st state and a platform of self-governed neighborhoods.

Bill Kauffman has a short piece on Mailer's campaign posted on First Principles.

There would be no inane happy-talk about the “family of New York” from Norman Mailer. He realized that “the good farmers and small-town workers of New York State rather detest us.” Rather indeed. “The connection of New York City to New York State is a marriage of misery, incompatibility, and abominable old quarrels.” His concern was properly with his own brawling grounds, but he did see a favorable fallout for we hicks as well, for going it alone could spark “the development of what has been hitherto a culturally undernourished hinterland, a typically colorless national tract.”

Yes, Niagara Falls, Cooperstown, Lake Placid, Susan B. Anthony, Grover Cleveland, Washington Irving, John Brown’s North Elba—we are cultural and scenic starvelings for sure.

What does WNY have in common with NYC?

JP Morgan to use taxpayer billions for buying spree

By Howard B. Owens

A New York Times reporter obtain a dial-in number to listen to a recording a JP Morgan Chase conference call. In it, an executive flatly admits that the $25 billion the company is receiving from the bailout stimulus package won't be used to finance more loans (thereby, in theory, stimulating the economy). The money will be used to help JP Morgan can buy up other companies and grow bigger.

“Twenty-five billion dollars is obviously going to help the folks who are struggling more than Chase,” he began. “What we do think it will help us do is perhaps be a little bit more active on the acquisition side or opportunistic side for some banks who are still struggling. And I would not assume that we are done on the acquisition side just because of the Washington Mutual and Bear Stearns mergers. I think there are going to be some great opportunities for us to grow in this environment, and I think we have an opportunity to use that $25 billion in that way and obviously depending on whether recession turns into depression or what happens in the future, you know, we have that as a backstop.”

Read that answer as many times as you want — you are not going to find a single word in there about making loans to help the American economy. On the contrary: at another point in the conference call, the same executive (who I’m not naming because he didn’t know I would be listening in) explained that “loan dollars are down significantly.” He added, “We would think that loan volume will continue to go down as we continue to tighten credit to fully reflect the high cost of pricing on the loan side.” In other words JPMorgan has no intention of turning on the lending spigot.

It is starting to appear as if one of Treasury’s key rationales for the recapitalization program — namely, that it will cause banks to start lending again — is a fig leaf, Treasury’s version of the weapons of mass destruction.

Does anybody still believe this "bailout" will do anything to help the American people. Wasn't it in fact just the largest pork bill in history?

Unaffiliated voters will decide the election

By Howard B. Owens

Jill Terreri writes in the D&C this morning that voters who decline to register with any political party is a growing part of the electorate and will help decide elections next month.

Registered voters who choose not to become a member of any political party are poised to decide the winner of this year's presidential contest between Democrat Barack Obama and Republican John McCain, which will be decided Nov. 4. Precincts across the country are seeing an increase in their ranks, and both candidates are making appeals specifically to them.

"The candidate that wins an election is the one that connects with moderates and the middle class," said John P. Avlon, author of Independent Nation: How Centrists Can Change American Politics. "Independent voters ... are the common-sense center in America."

Reports out of Connecticut and Fort Collins, Colo. show new voter registrations in both major parties this year were outpaced by voters who chose not to register in any party. And in such states as New Jersey, Massachusetts, Connecticut, Colorado, Iowa, Alaska and New Hampshire, unaffiliated voters have outnumbered either Democrats or Republicans.

In the local congressional race, both campaigns say they're paying close attention to independent voters.

Locally, the unaffiliated voter's role is significant even in races in which one party has an enrollment advantage.

In the 26th Congressional District, which includes nine towns in western Monroe County, registered Republicans have a 9 percentage-point advantage over Democrats, constituting 41 percent of voters. But one out of every five voters is unaffiliated, according to enrollment statistics released earlier this year, giving those ranks the power to decide the winner.

"It's incredibly important to communicate to these people," said Nick Langworthy, who is running the campaign of Republican Chris Lee, of Clarence, Erie County, who is seeking to succeed retiring Republican Rep. Thomas Reynolds, also of Clarence. "If you just play to your base, you can't do it, not in the modern political era."

To appeal to these voters, Langworthy and his team try to send an appropriate message.

"We're talking about jobs and taxes," he said. "Those themes are strong with Republicans and independents."

On the Democratic side, candidate Alice Kryzan of Amherst, Erie County, has been reaching outside her party, stressing the economy and bringing accountability back to Washington, said her campaign manager, Anne Wadsworth.

So here's my question for Nick Longworthy: The Chris Lee campaign has been far more negative far longer than the Kryzan campaign. How do negative ads help you win independent votes?  As a decade-long independent, I know they sure do turn me off, and same for all my non-aligned friends.  Maybe that's why this race is now a toss up?

More campaign videos from the NY-26 race

By Howard B. Owens

The DCCC has a new anti-Chris Lee ad out, recycling the same in-correct "send jobs to China" charge, even using some of the same images, but this time with actors making the charges.

Chris Lee's ad is no more honorable, and maybe worse since it ends with "I'm Chris Lee and I approve this message."

The ad incorrectly points the finger at Alice Kryzan for running the "China Jobs" spot (that was the DCCC, not the Kryzan campaign), and trouts out the same old tired, trite and meaningless "liberal trial lawyer" attack.

Here's another incendiary ad from Lee:

Regardless of what Kryzan may have said about special interest money in the primary, it's duplicitous of Lee to knock Kryzan for taking contributions from any group, since his record isn't exactly spotless.

Here's a new attack ad on Kryzan from the RCCC:

I find it scary whenever a politician attacks another for doing his or her job and providing a defense in any legal case (or a prosecution). When you level that charge what you are saying is you don't believe in the American legal system -- that all defendants are innocent until proven guilty. Also, it's a complete fiction that Kryzan has said she wants to raise taxes.

It kind of makes you despair for our future to watch these two campaigns -- aided and abetted by their respective national parties -- resort to distortions and misinformation to try and win a congressional seat.

Alice Kryzan goes negative on Chris Lee

By Howard B. Owens

I met Alice Kryzan at the Octoberfest in Oakfield last night. I was impressed. She's an intelligent, well-spoken, sincere candidate. I think she does have the best interest of Western New York at heart.

And all along, I've liked the fact that she's tried to keep the campaign to issues, focused on what she will do and avoid negative attack ads.  Her spokeswoman, Anne Wadsworth, has said Alice doesn't like the nasty DCCC-sponsored ad running against Republican Chris Lee.

So, it's disappointing to check YouTube this morning and find the ad embedded below.

There are two charges in the video that do not withstand scrutiny. First, that Lee thinks "the guys who messed things up" should be able to take even more risks. Second, "Lee says keep doing what we're doing."

Here's what Lee told us a couple of weeks ago:

When I asked him about how Democrats blame deregulation, and Republicans say there are still too many regulations -- such as Sarbanes-Oxley, which did nothing to help matters -- Lee said, "We have all of these new exotic financial instruments, so we need updated regulations to ensure we have control."

"There have mistakes made, and I don't like to point fingers," said Lee, adding again that both Republicans and Democrats share the blame. "I don't care about any of that. I care about getting to a solution and protecting taxpayers."

Those word directly contradict the assertion that Lee wants to "protect the guys who messed things up" and that he wants to "keep doing what we're doing."

Alice, if you disagree Lee's policies -- not that we have too much information on what Lee's policies are -- say so, but don't make things up. It reflects worse on you than Lee.

P.S.: To whomever produces Alice's commercials, Kudos. From a production values stand point they're absolutely stunning.  I don't think I've seen a shoddy commercial from Kryzan's campaign yet.  Lee's campaign would do well to hire the same firm.

Democrats close to one-party rule in Washington

By Howard B. Owens

I'm reading a story in the Los Angeles Times about how close Al Franken (the former Saturday Night Live writer and performer, and author of Rush Limbaugh is a Big Fat Idiot) is close to unseating the Republican incumbent senator, Norm Coleman, in Minnesota, and I hit a paragraph that just stops me cold.

All this comes at a time when Democrats, who have a bare majority in the Senate, hope to pick up enough seats Nov. 4 to be able to prevent Republican filibusters. Thirty-five seats are up for grabs -- 23 of them held by Republicans -- and Democrats need to gain nine to reach a filibuster-proof majority of 60.

Imagine what it would mean for one party to have that kind of unchecked power. It should scare even loyal Democrats.

That's assuming, of course, Obama wins the White House and the Democrats maintain majority in the House. That's a pretty safe assumption.

Regular readers know I'm no fan of either political party, and that I often make noise about the Republocrat Plutocracy. 

That's more a matter of neither party not caring much about pursuing the interests of the people they're sworn to represent, and that on many issues, the differences are nuance rather substantive.

But in either party, there are extremes. For the Republicans, its the extreme social conservative agenda that tends to tamp down moderates (hence, an unqualified Sarah Palin picked to run with McCain because McCain has about zero appeal to the base).  For the Democrats, the extreme is a mix of anti-business, anti-wealth, pro-government solutions to societal problems almost socialism.

There are two things that keep extreme agendas in check under our current system -- the other party, and just enough wiggle room in each party for moderates to buck the party line.

You've got to ask yourself -- if the Democrats have unchecked power, will the moderates in the party be able to move freely to oppose the more extreme measures the Nancy Pelosis of the world might want to pursue? What kind of traitorous bastard would you be as a Democratic senator if you launched a filibuster in against your own party?

How many times do you think Obama will use the veto pen against a Democrat-dominated Legislature?

If we did not allow the Republicans and the Democrats so much power to prevent third parties from becoming contending alternatives, we wouldn't be facing this situation today.  It would be much harder for either party to achieve a filibuster-proof majority in the Senate. The House would be much more divided.  We would be much closer to the republic the Founders intended that essentially one-party rule system (which is about to become the one-party tyranny system) we have today.

Right now, we can only hope that Barack Obama is sensible enough not to take advantage of the level of unchecked power he's going to have as president.

HOLM: Dean Richmond helped make Genesee County Famous

By Howard B. Owens

Checking in at number 10 on the Holland Land Office Museum's ongoing list of 25 Things that Made Genesee County Famous is Dean Richmond.

The name Richmond still plays a prominent role in Batavia. There is the library, of course, but there is also the impressive looking family tomb in the Batavia Cemetary on Harvester Avenue.

Too bad his grand old mansion was torn down by the school board (the school board!?) after the board purchased the building in 1966 and the failed in an attempt to annex the Richmond Library. Where the Greek Revival structure once stood (311 East Main St.) is ... a parking lot. (I think they call that progress.)

But back to dear old Dean.

Mr. Richmond, according to HOLM, was born in 1804 in Barnard, Vermont. He was the son of an entrepreneur, but was forced to make his own way in life at age 14, when his father died.  He turned his father's money-losing business into a profitable one, and eventually used his growing wealth to invest in the emerging railroad business.

Dean Richmond is best known in railroad circles as the first person in America to advocate the use of steel rails for the construction of railroads. An order was placed in England for the steel rails for a test run, but the tests were completed after Richmond died. The tests were successful and the steel industry grew out of the demand for the product by the railroad.

While Richmond was president of the New York Central, he demanded that all trains stop in Batavia. In 1866, the year of Richmond’s death, more than 3.7 million travelers rode on the train line. Not all of those people stopped in Batavia, but a fair share did, and because of Richmond, Batavia became a terminal and a gateway to the west.

Among the passengers who road through Batavia, according to Patrick Weissend, was Abraham Lincoln -- both on his way to assume the presidency in Washington, D.C., and his casket was carried through Genesee County when his body was returned to Springfield, Ill. In both cases, the name of the engine that transported Mr. Lincoln was the Dean Richmond.

The Buffalo History Works site quotes this passage about the train's pass through Batavia from the Buffalo Morning Express:

The funeral train was met at Batavia yesterday morning by the Committee from this city which included Honorable Millard Fillmore. The Committee left here at 6:00 o'clock Wednesday evening by a special car provided for their accommodation, passing the night at Batavia. At 5:00 o'clock yesterday morning, the funeral train arrived at that point, where it was received, as at every halting point along the line of its long, sad journey, by an immense concourse of people. The assemblage had begun with the very dawn, when the firing of the minute guns awoke the village from its slumbers and hastened the steps of pilgrims from the surrounding country flocking in. Before the train appeared, it had grown to the proportions of a city throng.

The multitude stood with their heads bowed, silent, sorrowful and reverent, paying that sincere homage to the dead which had everywhere been so memorable and remarkable. The pause of the train was but for ten minutes, during which the committee from Buffalo took their places in the car reserved for them. From thence to this city no halt on the journey was made but at every station and almost continuously the train passed between long lines of people, who had come to catch but a floating glimpse of what bore the remains of their beloved President; and everywhere they bowed, with uncovered heads, in afflicting bestowment of their little passing tribute of solemn reverence.

Here's something additional I just found: The wreckage of the Dean Richmond, a freighter on the Lake Erie that went down in a storm in 1893. Here's a 1872 article from the New York Times about a fire aboard the very same steamer. Actually, maybe those are not the same boats. This article says there were for Great Lakes steamers named the Dean Richmond -- all met similar fates.  The link contains a picture of the fourth one.

Genesee County DA called on to investigate campaign contributions

By Howard B. Owens

A Republican elections commissioner in Erie County has sent a letter to the Genesee County district attorney asking for a local investigation into Citizens for Fiscal Integrity.

Ralph M. Mohr alleges that:

G. Steven Pigeon laundered thousands of dollars from Buffalo Sabres owner B. Thomas Golisano’s political committee and others in an attempt to conceal the origin and circumvent contribution limits, in violation of state election law.

...

“It has become apparent that the committee operating under the name Citizens for Fiscal Integrity may be participating in a nefarious and deliberate scheme to circumvent the financial reporting requirements of the election law,” Mohr wrote.

Any resulting probe could affect the Democratic campaign of State Senate candidate Joe Mesi, who benefited from Pigeon’s committee. Mohr produced a Responsible New York check signed by Golisano and designated on the memo line for “consulting” in the 61st District primary, in which Golisano supported Mesi.

GOP just trying to survive in NY congressional races

By Howard B. Owens

According to Associated Press writer Devlin Barrett, New York's GOP leaders are girding for a slaughter on election day.

Several GOP congressional seats in the state could be lost.

"We are going to see a loss of House seats," said Rep. Tom Reynolds, a western New York Republican and power-broker who decided not to seek re-election this year. "The pendulum is coming and it's knocking a lot of people off their horses."

...

When Reynolds came to Congress in 1998, he was one of 13 New York Republicans. This year, he is one of six. In a few months, it could be four, three, or even two. The only truly safe GOP House seats in New York are held by John McHugh in the North Country and Peter King on Long Island.

There are many reasons for the fall: increasing Democratic registration, an unpopular Republican president, and a weakening of the state's conservative organization.

A Rasmussen poll shows that across the country, Democrats are leading Republicans in generic congressional races.

UPDATE: Rasmussen is calling the 26th district, where Republicans enjoy a registration advantage, a "toss up."

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