State Supreme Court Blocks Brooklyn Democratic Party from Voting on New Chair

A State Supreme Court judge has blocked a hotly anticipated vote of the Brooklyn Democratic Party to select a new party chair planned for Tuesday evening, until another judge can clarify what rules will govern that vote.

Judge Lisa Lewis signed a temporary restraining order Tuesday afternoon, hours after a New York State Appellate Court sided with reformers aligned with New Kings Democrats. That court ordered that the dramatic changes to party rules voted on by district leaders, some of whom had lost their seats in the primary election, are null and void. 

It’s the latest in the saga over control for the Brooklyn Democratic Party and a blow to outgoing party chair Rodneyse Bichotte Hermelyn, who a day earlier announced on NY1 she would not seek re-election. 

But with a planned leadership meeting hours away, exactly what rules would govern that vote were up for debate between warring factions of the party. 

If the original party rules remain in effect, New Kings Democrats and their Brooklyn Can’t Wait slate will have a majority of votes and will be to select Julio Peña III, a longtime district leader from Sunset Park, for whom reformers had previously announced their support.

But if the vote proceeds under the new rules, now deemed null and void by the appeals court, voting members would include around two dozen new executive committee members handpicked by Bichotte Hermelyn and her allies and rubber stamped by hundreds of proxy votes during a raucous eight-hour long county committee meeting last week.

Bichotte Hermelyn has already indicated she intends to support Assemblymember Nikki Lucas as her successor, City and State reported. 

On Tuesday afternoon, reformers filed a second lawsuit asking the State Supreme Court to step in to block Tuesday night’s vote and affirm that the old rules are in effect until before the vote can proceed. 

During a brief hearing on their request for a temporary restraining order, Judge Lewis sided with the reformers, granting a temporary restraining order until a judge can consider the matter after a hearing slated for Oct. 6.

Attorneys who had previously represented the Brooklyn Democratic Party were not present, but attorneys for Rep. Nydia Velázquez (D-Brooklyn), recently elected as chair of the county committee by accident, were in court and, unsurprisingly, sided with reformers. 

Velázquez was elevated to county committee chair due to a snafu during last week’s county committee vote, where allies of Bichotte Hermelyn mistakenly didn’t list a chairperson in their preferred slate of candidates.

While the rest of their preferred slate of officers for the county committee slid to victory thanks to hundreds of proxy votes, Velázquez, who was selected by reformers, ran unopposed and became the highest-ranking member of the party until the organization votes for a new chairperson. 

Judge Lewis heard from attorney Mark Hanna, a district leader aligned with reformers and an election lawyer representing them, on why the restraining order should be granted.  

Hanna brought up the appeals court ruling finding the rules changes null and void and expressed concern that without a TRO members of the Brooklyn Democratic Party would attempt to push forward a vote Tuesday night with dozens of new voting members. 

Lewis then asked Velázquez’s attorneys to weigh in.

“She consents to such a TRO, she agrees,” said attorney Jason Adolfo Otaño. 

“There are irregularities,” he added. “It makes the most sense for tonight’s meeting to be held off as some of these irregularities.”

Bichotte Hermelyn, her attorney Anthony Genovesi and the Brooklyn Democratic Party didn’t return a request for comment right away. 

This is a developing story, check back for updates.

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