Judge Refuses to Overturn Decision That Blocked Signatures When Candidate Did Not Specify an “M” on Petitions

Ben Akselrod will succeed Ben Wetzler as District Leader (M) in the 76th Part A, Assembly District after Judge Lucy Billings upheld the Board of Elections’ decision to remove Todd Stein from the ballot because his designating petitions didn’t include a gender ID. The law’s the law. Axselrod’s term commences in June of this year when Wetzler’s term expires. Here’s to kumbaya.

The issue was that an (M) needed to be included after the candidate’s name on the printed form. The gender marker (M) would have been needed on the actual petition and cover sheet. Todd Stein said in an affidavit that his lawyer supplied to the BOE that the omission was due to a printer’s error. Regardless, the BOE and Judge Billings both ruled that in the end, the petitions did not comply with the letter of the law and rejected the arguments.

Todd Stein told Our Town, “The cover sheet and petitions were prepared and presented by our election lawyer Paul Newell. There’s no form petition, they are created by a printer.

The facts were part of the case that was presented in front of the BOE, Judge Billings and the Appellate Court, Stein insisted.

“After my name on the petition it lacked the letter (M). This requirement was based on the amendment last year signed by our Governor that changed the circumstances from the District Leader and State Committee Party Positions being identified as “Male” or “Female” to a candidate having to self identify with either an M, F or X for inclusion of the non-binary gender after their name and no longer after the party position. Previously the positions were identified as “MALE” and “FEMALE”. This was done for inclusion and was unfortunately ended up having me excluded by a technical error.”

Stein said he had over 1,800 signatures on his petitions and that over 800 were registered Democrats living within the district. “My biggest disappointment in the process was that the community does not gain the ability to have a primary and in fact all four District Leaders of AD76 Part A and Part B will be in the positions without any voter support,” he said.

The Board of Elections took a hard line on Stein’s failure to include an “M” on his petitions.

”The petitions filed for Mr. Stein does not indicate, in any manner, his gender marker. In the event that Mr. Steiner appears on the ballot it is impossible for voters to know what he is running as, creating voter confusion. More importantly, how does Board create a contest? Will Mr. Stein be eligible to be a district leader, because two people of the same gender cannot be selected. If he wins, he could be ineligible to serve, depending on the other winner, however, there is no way to know.”

Judge Billings, in her ruling was unmoved by the insistence by Stein that it was a printer’s error. “For the reasons more fully explained on the record May 3, 2023, the court denies the petition to validate the petitioner’s designating as a candidate for district leader 76th Assembly District, Part A, in the Democratic primary effective June 27, 2023, because his designating petitions failed to identify his gender.”

Broadway Machers–Inspir Carnegie Hill continues bringing the Broadway experience to Inspir residents as part of their Broadway Speaker series. At the May program, Jewish Broadway was brought to life by 89-year-old Manny Azenberg, acclaimed theater producer, who, in his more than 45-year career on Broadway, has presented nearly 60 plays and musicals, among them The Lion in Winter, The Real Thing, and Sunday in the Park With George, as well as every one of Neil Simon’s plays since 1972, including The Sunshine Boys, Brighton Beach Memoirs, and Lost in Yonkers. Azenberg, while actively engaged in Broadway, also taught theater for two decades at Duke University. He regaled the residents, their families, and friends with stories of his growing up in the Bronx, going to NYU, his family, and his hard-working, glorious years in the theater. Azenberg’s the winner of nine Tony awards and his productions have won 41 Tonys. Evan Rossi, Inspir’s Director of Resident Experience, observed that, “At 89, Manny’s a perfect example of older adults who are still pursuing their dreams” - in their 80s, 90s, and beyond.

Inspir hasn’t overlooked the younger generation of Broadway talent and their connection to the Jewish Broadway experience. In April, Ari Axelrod, Lawrence Yurman, and Samantha Massell were featured in Axelrod’s, A Place for Us: A Celebration of Jewish Broadway. Axelrod’s an actor, director, singer, and Jewish activist. The show honors stories of Jewish composers and their contributions to the American Musical. The melodies and lyrics from Irving Berlin, Leonard Bernstein, Stephen Schwartz, and Carole King were explored and performed. Joining Axelrod were Broadway Musical Director Lawrence Yurman (Grey Gardens, Thoroughly Modern Millie, Guys and Dolls, Les Miserables) and Broadway star Samantha Massell (Hodel in Bartlett Sher’s acclaimed Broadway revival of Fiddler on the Roof). Axelrod’s debut album, “Ari Axelrod Live at Birdland” is available on all streaming platforms. Axelrod also received the prestigious “36 Under 36 Award,” which honors noteworthy Jewish leaders who are 36 years old or younger “who make the world - and its many Jewish communities - better.” Looks like Azenberg’s been an exemplary role model.