Republicans Appear on the Verge of at Least Sharing Control of the New
York Senate
By DANNY HAKIM
Published: November 3, 2010
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CloseLinkedinDiggMixxMySpaceYahoo! BuzzPermalink On an otherwise
largely disappointing night for New York Republicans, the party
appeared to be on the verge of either retaking the State Senate or
throwing the chamber into a tie, but three key races were too close to
call Wednesday morning.

Much was at stake: The next Legislature will redraw district lines for
the next decade, not just for state seats, but also for Congressional
ones. Winning back the chamber would also give Republicans a statewide
power base they held for more than four decades, until the 2008
election.

Based on the results through 11 a.m., the Senate would be split 31-31,
but that includes the three races that remain undecided, leaving the
ultimate outcome uncertain. Republicans were optimistic that they
would regain a majority in the chamber, while Democrats were privately
concerned that they could not hold it.

In the Seventh District on Long Island, Craig Johnson, an incumbent
Democrat, was facing a likely upset, trailing his challenger, Jack
Martins, by 801 votes, with 98 percent of the precincts reporting,
according to The Associated Press. In Westchester County, another
sitting Democrat, Suzi Oppenheimer, was leading her opponent, Bob
Cohen, by just 180 votes with 81 percent of the precincts reporting.

Perhaps the most pivotal race is in Buffalo, where Senator Antoine
Thompson, a Democrat, was leading his opponent, Mark Grisanti, by just
258 votes, with 99 percent of the precincts reporting, a surprisingly
close race in a heavily Democratic district. There was a growing
expectation among officials in both parties on Wednesday that Mr.
Grisanti would prevail, and deliver the Senate to Republicans.

“We believe that we have won at least 32 seats, possibly 33, depending
on the outcome of the Cohen-Oppenheimer race,” said Scott Reif, a
spokesman for Senate Republicans.

Senate Democrats, who proclaimed victory early Wednesday morning, were
hedging a few hours later.

“After three of our challengers claimed significant victories, we
remain optimistic, but there are still thousands of votes to be
counted and every vote counts,” said Austin Shafran, a spokesman for
Senate Democrats.

What happens if there is a tie in the Senate?

The last time the chamber was deadlocked, in the summer of 2009, the
situation deteriorated to the point that the two parties conducted
rival sessions simultaneously, shouting over each other in the Senate
chamber. The new lieutenant governor, Robert Duffy, a Democrat, could
break ties on procedural matters like electing officers of the Senate,
but he could not break ties on legislation. Some kind of power-sharing
arrangement would probably be needed to have a productive session.

Several seats in the chamber changed hands. Senator Brian X. Foley, a
freshman Democrat from Suffolk County whose victory two years ago
helped his party take control of the Senate for the first time in more
than four decades, was beaten decisively by Lee Zeldin. And in Queens,
Frank Padavan, a longtime Republican incumbent, was upset by Tony
Avella. In northern New York, Senator Darrel J. Aubertine, another
Democrat first elected in 2008, was defeated by Patricia A. Ritchie, a
Republican county clerk.

Democrats could hardly afford to make a misstep this year, with their
majority just 32-to-30 in the Senate, but a series of scandals has
engulfed the Senate leadership and given Republicans abundant
ammunition. The latest came on Oct. 21, when the state inspector
general, a Democratic appointee, released a scathing report accusing
the Senate leadership of manipulating the bidding process for the
right to build a casino at the Aqueduct racetrack in Queens and
referred a potential criminal case to federal and local prosecutors.

Neil Schwartzreich, a 58-year-old accountant from Mamaroneck, was one
voter who took notice. Mr. Schwartzreich, a Republican who voted two
years ago for Ms. Oppenheimer, bypassed the Senate race when he filled
out his ballot on Tuesday.

“I think Suzi is a wonderful person,” Mr. Schwartzreich said. “I have
known her for many years. But I wanted her to stand up and say I won’t
vote for my party chairman.”

Republicans have also accused the state’s leadership, uniformly
Democratic and based in New York City, of abandoning upstate New York.
If the Republicans prevail, their victory will have broad policy
ramifications.

The Democratic victory in 2008 opened the door for a number of
left-leaning policies. Senate Democrats voted to enshrine rights for
domestic workers, legalize no-fault divorce and ease Rockefeller-era
drug laws. They also allowed the chamber’s first vote on same-sex
marriage, which went down in defeat. The likelihood of passing the
measure under Republican leadership would be uncertain, though Mr.
Skelos has been open to allowing another vote. Most Senate Republican
members come from Long Island, the suburbs and upstate, and they fight
intensely for school-aid dollars for those regions and for property
tax relief, which is not nearly as important an issue in New York
City. Their priorities would reorder budget negotiations in the
capital.

For Attorney General Andrew M. Cuomo, who cruised to victory Tuesday
night, winning the cooperation of the Senate will be critical to his
success, though it is not clear if he will be better off with a
Democratic Senate or a Republican one. During his campaign, he laid
out a series of centrist policies, including measures more in line
with the Republican point of view, like a mandatory ceiling on
property tax increases and shrinking the state work force. His help
for Senate Democrats during the campaign was sporadic and he was
unwilling to be tarnished by association.

“Cuomo’s agenda is more likely to be convergent with the Republican
agenda in the first year,” said Gerald Benjamin, director of the
Center for Research, Regional Education and Outreach at the State
University of New York at New Paltz.

“The moment calls for constraint upon government,” he added. “There
are insufficient resources, and that’s a natural Republican position.”

In Suffolk County, on Long Island, a number of voters said they chose
Mr. Zeldin over Senator Foley because of the payroll tax on New York
City and suburban counties that the Legislature passed last year to
help bail out the Metropolitan Transportation Authority. The tax, 34
cents for every $100 in wages, was highly unpopular in the suburbs
farthest from the city, where fewer people use mass transit.

With another Democratic governor and Democrats comfortably in control
of the Assembly, Republicans must retake the Senate to have a say in
redistricting. While Republicans were significantly outspent in the
Senate contest, they did get help from the national Republican Party.

More:
http://www.nytimes.com/2010/11/04/nyregion/04nylegis.html?_r=1&ref=nyregion
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