SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY RISA S. SUGARMAN, Chief Enforcement Counsel of Index No: New York State Board of Elections AFFIRMATION OF v. BRIAN L. QUAIL, ESQ. IN OPPOSITION TO GRANTING OTSC NEW YORK STATE BOARD OF ELECTIONS, et al Brian L. Quail, Esq., pursuant to CPLR § 2106 and under the penalties of perjury, affirms as follows: 1. Lam an attomey at law being duly admitted to the practice of law in the State of New York and represent the respondents named in this matter as Co-Counsel to the New York State Board of Elections. As such I am fully aware of the relevant facts in this proceeding and make this affirmation on that knowledge or belief. 2. make this affirmation in opposition to the signing of the Order to Show Cause presented to this Court om or about January 17, 2019, 3. In any event, the petitioner herein is seeking as part of the proposed order to show cause a preliminary injunction staying the application of certain rules of the State Board of Elections that petitioner has known the details of for more than nine months. The proposed order to show cause was provided to respondent at 4:04 pm on January 17, 2018. 4, There is no basis for an order to show cause with a stay to be issued in this matter. Moreover, the petitioner should be required to make a proper application for a preliminary injunction on proper notice to all parties.5. This affirmation will demonstrate that there is no basis in fact or law to stay the application of the amendments to 9 NYCRR Part 6203 adopted by the State Board of Elections on August 8, 2019. THE ADOPTION OF AMENDMENTS TO PART 6203 of 9 NYCRR 6. The regulation at issue relates to the issuance of subpoenas, Division of Election Law Enforcement (“DELE”) reporting metrics and related matters. ‘The regulations are consistent with the Election Law and their promulgation is within the regulatory power of the State Board of Elections (“Board”). 7. The New York State Board of Elections duly authorized publication of proposed amendments to 9 NYCRR Part 6203 (SBE-18-88-00007-P) by resolution at a public meeting at which the petitioner was present on April 5, 2018, Notice of the regulation ‘was published in the New York State Register on May 2, 2018. At a meeting held on Angust 8, 2018, at which the petitioner was present, the amendments were adopted. Notice of Adoption, along with a 2,025 word assessment of public comments, was also published in State Register. STATUTORY FOUNDATION FOR AUTHORITY FOR STATE BOARD OF ELECTIONS TO ADOPT REGULATIONS, 8. The Election Law provides the New York State Board of Elections kas jurisdiction over Election Law enforcement and broad regulatory authority generally. 9. ‘The Board has “jurisdiction of, and... [is] responsible for, the execution and enforcement of the provisions of article fourteen and other statutes governing campaigns and related procedures...”! Election Law § 3-102 (1) provides the State Board “shall have the power * Election Law § 3-104 [1].and duty to...issue instructions and promulgate rules and regulations releting to the administration of the election process, election campaign practices and campaign financing practices consistent with the provisions of law.” This generic authority is augmented by specific statutory authority to make regulations in relation to Election Law enforcement. Election Law § 3-104, entitled the “State board of elections; enforcement powers”, provides “[tJhe state board of elections may promulgate rules and regulations consistent with law to effectuate the provisions of this section.” Regulations Deseribed 10. The regulations accomplish six primary objectives. The regulations provide for: © auniform process the board will follow in considering and granting its subpoena authority? to the Chief Enforcement Counsel (“CEC”); ‘© quarterly reporting to the Board of basic enforcement statistics; * uniform process related to closed enforcement matters; © enforcement notices to non-filers sent as required by Election Law 14-108 [5] * requirements for appointment of special investigators, and * Division of Election Law Enforcement (“DELE”) compliance with internal controls reporting. Subpoena Authority Process 11. Under the Election Law, upon request, the Commissioners of the State Board of Elections ‘may permit the CEC to exercise the Board’s subpoena authority to compel testimony or obtain records.* ‘The regulations outline the process the Board will follow in determining ? Election Law § 3-104 [3] (“The chief enforcement counsel may at any time ask that the board authorize him or her to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivisions five and six of 3-102 of ths title.” Election Law § 3-102 [5] is the board's subpoena power, and subdivision (6] is the grant of immunity) 362034 Fn.