ELECTION APPEALS MASTER
IN RE:
J.D. JACKSON, Protestor.
06 Elec. App. 026 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2006 ESD 131 issued March 6, 2006.
A hearing was held before me on March 23, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., Steven Newmark, and Mr. William Broberg, on behalf of the Election Supervisor, Vincent Pitta, Esq. and Daniel Costello, Esq. on behalf of the Election Services Corporation, Maralin Falik, Vice President of the Election Services Corporation and Saundra Tovin of the Election Services Corporation, Robert Baptiste, Esq. and Matt Broderick, Esq. on behalf of Teamsters Local No. 299, Barbara Harvey, Esq. on behalf of J.D. Jackson and J.D. Jackson the protestor.
The Election Services Corporation, by its appeal, disputes language in the Election Supervisor's decision resolving the protest of Mr. Jackson. The appeal objects to certain implied findings of fact with respect to the content of conversations between Mr. Jackson and the Election Services Corporation.
After the conclusion of the hearing, counsel for the Election Services Corporation filed a letter dated March 24, 2006. Mr. Ellison and Ms. Harvey filed letters of the same date in response thereto.
On the merits of the matter, it is the longstanding standard through numerous election cycles under the Election Rules that factual findings of the Election Supervisor are entitled to deference.
I see no reason to depart from that prudent and necessary standard in this case.
Accordingly, the decision of the Election Supervisor is affirmed.
SO ORDERED:
_/s/____________________
Kenneth Conboy
Election Appeals Master
Dated: March 24, 2006