SUPREME COURT(~F THE STATE OF NEW ~'C}RK COUNTY OF JEFI~'ERSOIi!

GARY KING,HARVEY WHITE, D~NNIE MASC}N,MARTY MASON, PAUL MASON,MAIZLENE BURTON, llARR~L BURTQN tend FRANK GIA+QIJINTO Plaintiffs, -agamstKATHRYN A. HLUDZENSKI RTCI=iARU C. W~LEY,SR. and J~HTt D4ES,1-1Q Defendants. Index No. 2012-1654

AFFIDAVIT C3F GARY KING Before me,the undersigned authority, personally appeared, who after being duly swam, states as follo~Ts: 1. My name is Gary King. I am more than twenty-one years of age and competent

to testify to the statements set forth in this Affidavit. 2. below.

3. I am a member of an organization known as Citizens far Fair Government

I am a citizen of Netiv York. I have personal kno~~ledge of matters set forth

("CFG"). Harvey White, Donnie Mason, ~Vtar~T Mason, Paul Mason, MarIen~ $urton, Darrel Burton and Frank Giaquinto are also members or supporters of C~~G. 4. CMG's objecti~~e is to ensure that the rights of the citizens of Cape Vincent, New

Yoxk are protected.

5.

To achieve that objective, CFG has undertaken certau3 measures to safeguard the

civil liberties and interests ofthe year-round residents ofthe "T'own of Cape Vincent. 6. VGrhile not the sole concern of CFG, cLxrtailing suspected jroter fraud in Cape

Vincent is CFG's primary concern. 7. doter gaud is CFG's primary focus because seasonal residents have attempted to

change where they are registered to vote in an effort to influence elections in Cape Vincent in a vvay that harms the interests of ~%ear-round residents. 8. In or around the summer of 20l 1, certa.i.n members ~f CrG,including those listed

in p~:ragraph 3 above, gathered to voice their concerns over what we believed to be the illegal vorinj practices occurring in Cape Vincent. 9. Dtuing that fathering, a measure eras proposed tha as designed to si:op the

voting practices we believed were illegal. The proposed measure would require and voter in a Town election in present a Ne~~ York State ID wi#h a Cape Vincent address, That measure became the basis for the August I1, ?011 Resolution (the "Resolution"), at-tached herefo as Extubit A. 10. A commissioner of the Jefferson County Board of Elections was present at the

initial gathering vrhere the proposed measure was discussed_ That commissioner noted t1~at the Resolution could be chaISen~ed in court. but otherwise expressed little concern over its contents or its go~1. 1l. A petition in st~p~ort of the Resolution was circu3ated in Cape Vincent in or

around Au~ast 2011, and was ultimately signed by o~7er twa hundred (200} citizens. Specifically, it requested that the Town Board take action to resahTe illegal and unethical voting

methods in Ta~vn elections. A true and accurate copy ofthe petition zs attached hereto as Exhibit

72.

The petition requested that the ~~~~~~~ Board rmplernent a procedure whereby

~~oters would be required to present a Ne~v York State driver's license ~utth a Capp Vincent address in order to ~~ote. 13. Resolution. 14. Afier the adoption cif the Resolution, the Town Board solicited the opinion of the T1ae petrtion u-as presented to the Town Board anal subsequently adopted as the

TouTn 1lttorney regarding the Resolution. 1 ~. In a letter, attached hereto as Exhibit C,the Town Atitorney responded by stating

that "the resolution...is ineffective." According to the letter, the Town Attorney recognized that a prospective voter must be a resident of the jurisdiction for thirty days and that residency is Iargely a ques~ian ofintent. 1 b. CFG has also taken an interest in the administration of the New York School Talc

P.elief Program ("STl~R"). STAR provides individuals partial exemptions front school property taxes, but in order to qualify for an exemption, an individual must own a home and that home must be the inditridual's primary residel~ce. 17. A local assessor determines primar~r residence by examiz2ing, among other factors,

voting; re~ist3-a~ion and the length of time spent each year at a given property. 18. CFG believed that part-time residents of Cape Vincent were registering to vote in

Cape Vincent iu an effort to qualif~T their seasonal property for partial exemption under ST~.R By doing sa, the part-tinge residents would divest Che local school district of needed fiands and thus negatively impact the interests of year-round residents.

19.

7n or around October 2011, an unsigned notice was sent to various city assessors

notifying each that a resident of their city had recently registered to vote in Cape Vincent . The notice is attached hereto as Exhibit D. 20. ~Thile the notice purported to be from me and Harold Wiley and myself,, I did not

draft sign or otherwise authorized the issuance ofthe notice. 2l. At Ieast one assessar responded to the notice by contacting a seasonal residen t of

Cape Vincent to confirm the primary residence of that individual. A Iettcr containing the findings oC that assessor is aitached hereto as Exhibit E. As the letter stales, the assessor ultimately concluded #hat the seasonal resident had con-imitted voter fraud in claiming to be a primary resident. of Cape Vincent. 22. Neither British Petroleum (`BP"j nar any of its related entities or subsidi aries

have provided any fiends to me or, to my knowledge, any of the ather Plaintiffs in connection vyith this lawsuit. FL)RTHER AFFIANT SAYETH NAUGHT.
l

~~ ~ilIl~

S~-om to and subscribed before me a Notar~r Pudic this/~D`~'day of

April, ?013.
~~ ,7 1

,~

~otary Public

" 1 {! `~ ~-~ 01 `~

My Commission Lxpires:
~'~K PU3LF~.STR7F Dr i~~W ypE31~ ~CS(~iY~ IN ,='rt cR:ly7~1 GU(JkZy

~tp. cS.?.iii3.~ h4`i {r:iiC~3l .ii::`P~F1i=:fii::i r^i;:. P~~ *.i}!~Q1'y~

-~`

RESOT.,~UTXON

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W.~EREAS: The Town Board of the Town of Cape Vincent has been presented with a petition signed by'residents of Cape Vincent stating that it is their firm belief that unethical if not in fact illegal voting methods were implemented which pre-deterzn.ined the outcome of the local elections heldzn Cape Vincent, New York in 2009 and that these same methods are being utilized once again in order to manipulate the outcome of the upcoming November elections. They have subsequently requested that the Tawn Board of the Town of Cade Vincent, New York takes action to resolve this issue. WHEREAS: The Town Board of the Town of Cape Vzncent,herein takes the following action to address and resolve this issue, NOW THEREFOR BEITRESOLVED: That before voting in person in a Town of Cape Vincent election, voters must fiz-st show a current New York State driver's license with a Cape Vincent address to prove residency. An election official may waive the identification requirement ifthe election official knows the identity ofthe voter who is voting in person. An absentee voter must submit a copy of their current New York State driver's license with a Cape Vincent address together with their absentee ballot to prove residency. MOVED BY: SECONDED BY: ~~Y\ ~ S~ ~1 ~Q~~~ ~ us 01'1

Roll Call i~-t~t~ ~3~ Councilman Micky Ozvzs ~~ Councilman Marty Mason Supervisor Urban Hirschey ~~ Councilman Brooks Bragd~n .~_~.Q~ Councilman Donald Mason
-7

I DO BEREBY CERTIFY TEIAT THIS IS A TRUE AIQD CORRECT COPY FROM THE ORGINAL CC7MPLETE REGISTERED RECORD AND THAT SAID LICEDISE WAS DULY RECORDED AND FILED IN THE TOWN CLERK'S OFFICE.

CLERK Off' THE Z'OWC1 OF CAPE VINCENT NEW YORK, AND REGISTRAR ~~ VITAL RECORDS THEREOF. Warning. Any alteration invalidates this certificate.

[t is oc~r frm belief that unethical if not in fact illegal voting mefihods were implemented vrhich the outcome of the Ioca[ e[ec -~ions held in Cape Vincent, New Yark in 20Q9 anc!

predetermined that these same methods are

being utilized an~e again in order to manipu6ate the outcorr~e of the upcoming Novemb er elections. Therefiore, w~ the undersigned concerned residents oCape Vincent, flew York respectFuify request that the Town Board of the Town of Cape Vincent, New York takes action to resotve this issue.

DATE

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It is our firm belief that unethica{ if not in fact ii[egal voting methods were implemented which predetermined the outcome of the local elections held in Cape Vincent, New York in 200J and that these same methods are being utilized once again in order to manipulate the outcome of the upcoming November elections. Therefore, we the undersigned concerned residents of Cape Vincent, New York respectFully request that the Town Saard of the Town of Cape Vincent, New York takes action to resolve this issue.

DATE

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kt is o ar firm ~eiief that ~neti~icai if riot in pact iiiega{ voting methods were im~iemenreci wi-~icn preaeterminea she U~st~or;~e cs~ ~~e local eie~fiio~ts held it ~a}~~ Vincent, Neyv `lorlc in 2007~ and that these s~rr~e met#~t~cis are Being utilized a ce again in odes'to ~~~~~~~~~~~~~the c~utcor;~e v# ~h~ u~eomirt~ Nov~mbe;election. Therefore, we the undersign~c~ concerned residents of Cape Vineen~, f~ev5r York res~ectft~liy request thai the Tov,~n Boat-t~ ~f tie Town ~t Cape V~ncer~t, Neer Yor~C takes action to resot~re thi:~ issue_

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s dur firm befief that unethical if not in fact illegal voting methods were implemented which predetermined ie outcome of the local elections held in Cape Vincent, New YorEc in 2409 and that these same methods are ng utilized once again in order to manipulate the outcome of the upcoming November elections. Therefore, the undersigned concerned residents of Cape Vincent, New York respectEulfy request that the Town Board of the Town of Cape Vincent, New Yark takes action to resolve this issue.

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!t ss our firm be[f~f that unethical if not in fact itlega! voting methods were implemented which pcedeterminect the outcome of the EocaE elections held in Cape Vincent ;New York in 2Q09 and that these same methods are beir~g utilized once again in order to mani~uiate the outcome of the upcoming November elections. Therefore, we the undersigned cancernec! residents of Cape Vincent, New York respectftstfy request that the Town Board of the Town of Cape Vincent, New York takes action to resoEve this issue.

NAME

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It is our firm belief that unethical tf not in fact illegal voting methods were imple mented which predetermined the outcome of the EocaE eiectians held in Ca}ae Vncent, New York in 20 9 and that these same methods are being utiiizec! once again in order to manipulate the outcome af'the upcoming November elections. Therefore, we the undersigned concerned residents of Cape Vincent, New York respectfully request that the Tawn Board of the Town of Cape Vincent, i~ew York takes action to reso3ve this issue.

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It is our firm belief that unethical if riot in fait iilegat voting methods were impEemented which predetermined the outcome of the laca! elections held in Cape Vincent, Near York in 2~Q9 and that these same methacls are being utilized once again in order to manipuEate the outcarrte of the upcoming November elections. Therefore, we the undersigned concerned residents of Cape Vincent, New York respectfuEfy request that fihe Town Board of the Town of Cape Vincent, New York takes action to resolv e this issue.

DATE

NAME

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It is our firm beEief that unethical if Trot in fact illegal votin g methods were im~femented whEch prede termined tf~e outcome of the Iacal elections held in Cape `Jincent, New York in 2009 anc3 tf~atthese same metf~ octs are being utilized once again in order to maniputate the' outcome of the upcoming November etectians. Tf~erefare, we the undersigned concerned residents of Cape Vince nt, New York respectfutEy request that the Town Board of the Town of Cape Vincent, New Yark takes actio n to resolve this issue.

DATE

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It is our fiirm be}ief that uneth~caf if not in fact illegal voting methods were irrtplemented which predetermined the autcame of the loca{ elections he(d in Cape Vincent, New York in 20Q9 and that these same methods are being utilized once again in order to manipuEate the outcome ofi the upcoming November eiectsons. Therefore, we the undersigned concerned residents of Cape Vincent, New York respectfuEiy request that the Town Board of the Town of Cape Vincent, New York takes action to resolve this issue.

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#t is cur firm h~Iief that unethical if not in fact iltega! voting rrtet~~~s were im,~a#emented w~tich pr~d~termined tF~e ac~ter~me of tl~e Iota{ e~~ctior~s Feid in Cade Vincent, New York in ~C309 and ghat these same methods are being utifized tsnce again in orci~r to manipulate the outcome of the u~co~~~~~~t~c~verr3ber e#ections. Therefore, ~nre the unde~-~igned cot~cern~t# residents of gape Vincent, New York respec~ulty request that the Tc~v~n Board of the Town of Cape Vincent, New ~'~~-k takes action to r~sofve this issue.

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->~ !t is our firm belief that unethical if not in fact illegal voting methods were impfemerrted which predetermined the outcome o.the Iocaf elections hQid in Cape Vincent, New York in 2009 and that these same methods are

being utilized once again in order to manipulate the outcome of the upcoming November elections. Therefore, we the undersigned concerned residents of Cape Vincent, thew York respectfully request that the Tawn Board of the Town ofi Cape Vincent, New York takes action to resaEve this issue.

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ft is our firm belief that unethical if not in fact illegal voting methods were implemented which predetermined the outcame of the }oval elections hefd in Cape Vincent, tVew York in 20Q9 and that these same methods are being utilized once again in order to manipulate the outcome of the upcoming November elections. Therefore, we the undersigned concerned residents of Cade Vincent, New York respectfully request that the Tawn Board of the Town of Cape Vincent, New York takes action to resolve this issue.

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it is our firm belief that unethical if not in fact iIlega! voting methods tnser~ implemented whicf~ predetermined the outcome of the local elections held in Cape Vincent, New York in 20Q9 and that these same mefhods are being utilized once again in order to manipulate the outcome of the upcoming November elections. Therefore, we the undersigned concerned residents of Cape Vincent, New York respectfully request t~at the Town Board of the Town o~ Cape Vincent, New York takes action to resolve this issue.

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It is our firm belief that unethical if not in fact ~~~~~~~~voting methods were implemented which predetermined the outcome of the local etectians held in Cape Vincent, New York in 2dQ3 and that these same methads are being utilized once again in order to manipulate the autcame ofi the upcoming November elections. Therefore, we tine undersigned concerned residents of Cape Vincent, New York respectfuEly request fha~ the town hoard of the 1"own of Cape Vincent, New York takes action to resolve this issue.

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Page 1 of 1 CV SUPERVISOR
From: Date: Ta: Subject: "Diane Collette" <mgebo@gebolaw_com> Monday, August 15, 2011 9:31 AM "`CV SUPERVISOR"' <capevincentsupervisor@nnymail.com>; "'Urban Hirscf~ey"' <urbanhirschey@gmail.com> Voting Resolution

Re: Election Resolution Dea.~ Urban I am aware that at your meeting of August 11, 2011, a motion was introduced by Board Members to require voters to present a driver's license with a Cape Vincent address to prove residency at the time of voting. I have been asked to comment on this. It appears to be that such a law is invalid. Qualifications to vote are established the Board of Elections and in accordance with Article 5 of the Elec~ion Law. More specifically, Section 5-102 of the Election Law as a

qualification to register to vote indicates a person has to be a citizen of the United States, 18 years of age and a resident of the jurisdiction for at least 30 days. The question of whether residency at a home along the River is sufficient for voter purposes is a determination that the Board of Elections must make, not your Town Board. Such residency is largely a question of intent. Voters may choose between multiple residences as to which one is the one where they wish. to vote based upon where the center of their interests may be. That having been said, a provision that requires showing a driver's license with a Cape Vincent address is not a valid way to get' at this issue. In other words, the Town is preempted from regulating in this area by the State Law. It is the Board of Elections that must determine this, not the Town Board. Based upon the foregoing, I believe the resolution passed on August 11, 2011 is ineffective. Very truly yours,
HRA.BCHAK, GEBO & 7~ANGONE, P.C. Mark G_ Gebo, Esq.

/dec

Exhibit C
8/26/2011

I DO HEREBY CERTIFY THAT THIS ZS A TRUE At~]D CORRECT COPY FROM THE ORDINAL COMPLETE REGISTERED RECORII AND THAT SAID LICENSE WAS DULY RECORDED AND FILED IN THE TOWN CLERK'S OFFICE.

CLERFC OF THE ZC~IN OF CAPE VINCENT, NEW YORKr AND REGISTRAR O~ JITAL RECORDS THEREOF. Warning:' Any alteration invalidates this certificate.

10-25-'11 13:85 F~~M-Ta~~~n C~ark - IrQn~

585-467-2862

T-5F4 PQ005I~~~g F-~45

Assess~~s Qffice Town of L.~--~ ~~~ ~jc~~~ f"" ~c~ur~#y of ~~ ~ ~'o ~. ~Iew fork State

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~~ following person has re~~ntly registered to ~~c~te i~ ~th~ `I'awr} ~~ Capp "~incer~t, County of;F~f~erse~z~, New Yank .

Vie. pra~~.de you with this infe~rmatzan 7n i~.e event than th~r~ are zmplicati~.~ ~Qr your c~rnmunity's ~plemezlt~x~icm o~'the STAB program. `his ~rzfozmarian cap; b~ vez~~ed b~ ccmtae~.~~ the CQunt~T ~f~"e~fersa~. Board oEl~ctio~s at 1'7S Arsez3a~ street, ~at~z-tc~~n,1`rl'ew York I36Q1, F`iu-thez~ cQ~ztact inorn~atian far ~~rn is at the batto~n of this page ~3ara1~ ~. Wiley Gbairman C~ ~~~~n~ Demecr-a~:c ?'aa-ty ~1.e-~,t~ G~xy ~. Thing ~ha rrn~n C~~izeus for Fir Cr~vem~ent
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CANISNDAI.GU~,NE~XI~YORK
Department of Assessments 585.396.5000 x5022

~Tove_mber 16, 2011

Sean Hezinessey, Ilecuon Commissioner (seanhCa~co. iefferson ny us) Jerry O. Eaton., IIection Cor_ rimissioner (~e re co~effer son ~~ us) Jefferson County Board of ~.ection s 175 Arsenal Street, 4-Ch Floor Watertown, NY 13601 Re; 20I 1 Voter reg~.stranon Dear Sirs:

Exhibit E

1V~y office has been dravv~n into the contentious wind faun issue in the Town of Cape Vincent. I ~m writing this letter zor your cons ideration on the advice o? our Corp oration Counsel_, The following is an account of a series of contacts and co~snunications I have recency experienced v~ntti officials from Cape ~Tincent , New York and a City of C~u~ andaigua property otivner. As you maybe aware, assessors across the State received unsigned letters inmid-October from Harold C. VVi1ey and Gary J. King with the sfiated purpose of reporting residency issues that may impact real property tam exemptio zis. We received.such a 1ei~er(copy attached} concening Neal and Nancy Fischer of 27 Yacht Club Cove, Canandaigua., NY at this office on October 17, 2011. The Fischer's own a seasonal residence at 3 3189 County Rt.6, Cape Uancent, NY. `1~he letter reporred tl~e Fischer's had recently regkstered Zo vote in Cape Vincent, NY. My assistant was ir~s-a acted to confirm. the rec~~stration with the JeFerson Co. Board ofIlecuons. By letter of October 18, 2011, I notified the F`ischer's that die voter registration ~n Cap e Vincent indicated Canandaigua was no 1_onc~er the7r prim ary residence and all property tax exemptions would be removed on the next asse ssment roll. On October 27, 2011,I received the following voic email message mom Cape Vincent Supervisor Urban Hirschey: "Good Affernoon, Marfc. This is Uraan Hirschey and I am the Supervisor of the Town of Cape Vincent. My neighbors, Neal and Nancy Ftsc h2r live in Canandaigua year round and they have a summer home here in Cape Vincent. They received a letterThat they would not be receiUrng their STAR program because they had chos en io vote in the elections here in gape v'incenr rnis November. 1'd like to explain the reasons for that. They will be changing the voting place back to Rochester, their r'u!1 time resi dence, after fhe e/2ction. 1~/ly guess is ghat yoc~ got a letter from the opposing party and this is a critical elecfion that is falrfy contenfious. And the Fisct~er's abng with many otherfam i(ies have decided to participate in the vote this year. 11llould you give me a ca!l at my cell number explain it further. 1 knoUv they are very cflncerned and I want to 395-78 5703 and 1 can appe very mucft and 1 /oak forward to talking you Again... Urba Hirs ases tham_ Thank you n chey, bye-bye."

Two No*th Main Street -Canandaigua, New York 14424 - FRX 585.3 96.S0? o ma; kbrovvn@Ca

nandaigua'~eWyOrk.go>>

~ Page 2

November 16, 2011

Mssrs. Hennessey &Eaton

Insofar as Mr_ Hirscl~eyhas no standing iri any matters be~veen my ofz~.ce and Canandaigua property owners,I did not honor his request to return the caL1. On 1_~Tove_mber 3, 201_ 1, I received the following voicemail message from Cape Vincent I -assessor

Robert Barnard

"Nellq ~Vlark Brown, fhis is Bob Barnard, the Assess or, Town of Cape Vincent calling regarding a Nlr and Mrs. ,,., well, Neal;and Nancy Fische r, residents in your Town. Theyla ve registered

up here to vote against wind towers 1 assume far this particular e/ection which happens next yveek A number of assessors have called me `cause they gat a latter stating that these people have registered up here to vote. And numbe a r ofthe assessors that have called me have said, "11Ue1/, in Nevv York, you can register to vote vvi~hout c(aimrng that particular property as your primary legal residence" and therefore, they are going to hold the exemption on their place back home. That is your call, of coarse. Yau know, there are a number of criteria vve use for the schoal exempflon. So, if you qot anV questions on that and you want more info my number rs 37~-654-3TI~7. The name is Robert Barnard B-A -R-N-A-R-D. Look forward fo hearing from

you_ Bye na+N."

For the same reason stated above,I did not return the call. On November 7, 201 I , Mr, Neal Fischer spoke tome on the telep hone. He told me that he coP~sidered Canandaigua to be his pnsnary residence and registering to vote at his seasonal residence in Cape ~T~ncent did not change that Tact. He stated that his vehicles are registered at the Canandaigua address and he ales income ta~c rehims from that address. When I asked ram if he vvas voting ~ Cape Vincent the following day {November 8), he stated he had already voted. I then asked him, as of Noverr~er ~ , 2011, what town he considered to be his primary residence. He answered,"Canandaigua." I suggested that he had just admitted to voter gaud as he was not a Cape ZTincent resident for ,-ty days prior to the election. The call ended shortly after that thi statement. Later, on that day, Supervisor Hirschey did reach ~e by phone. He reiterated the sarr~e arguments expressed in his voicemail and tried to pass she phone to NIr. Barnard I stated this matter v~ras be~iween rimy omce and the Fischer's, declined ~o ~~~1c to NLr. Barnard and terr~rinated the call. Sincerely,

Mark R. Brown; LA.O City Assessor

Fnc.
CC: Cindy F. Intschert, Di.stsict I~.ttorney, Jeaerson Co. NLchelle Smith, Gorporanon Counsel, City oT Canandaigua