Wednesday, November 03, 2004

Planning Board Chairman
to Election’s Inspectors:
"I’ll kick your ass!" , "Shove it!"

Hamlin’s new Planning Board Chairman, James (Jim) Breslawski yesterday avoided committing perjury but may have committed assault instead. Breslawski is not a resident of the town. Voter registration law is strict and specific. Your residency is "where you lay your head down to sleep." Jim sleeps in Clarkson.

This election when he tried to vote in Hamlin he was challenged. Early on Election Day Steve Lipson, Democratic Elections Inspector Coordinator, instructed the inspectors in District 7 that if Breslawski attempted to vote he was to be challenged.

Immediately after the intent-to-challenge was registered, the Republican inspectors contacted Republican Coordinator Janet Haight who rushed to the scene. Ms. Haight was briefed and told the workers that she was "going right up to the Town Hall," to discuss the matter. Local Republicans officials were aware, from about 1:30 PM, that Breslawski would be challenged.

A residency challenge does not prohibit a person from voting. To overcome the challenge the person must simply swear that the address claimed on their voter registration is his/her actual residence. Refusal to take the oath bars the person from voting in that district. They may go to the district where they actually live and vote.

When Breslawski arrived at the voter table he was informed of the challenge and immediately became aggressive. To protect the flow of voters, Breslawski and the female inspector stepped away from the table. Breslawski was told that he had to swear that the address on his registration was his real, legal residence. He refused. He became angry and threatened the inspector saying "I’ll kick your ass!"

At that point Steve Lipson arrived and intervened. Breslawski was very agitated and belligerent. He demanded, "Why now? Why after so many years?" Lipson calmly explained that Breslawski was attempting to vote in a district in which he did not live and that was illegal. Lipson asked Breslawski if he lived in Clarkson and he refused to answer. Lipson offered Breslawski the opportunity to take the oath to which he replied, "Shove it!" Breslawski then stormed out of the polling station!

Breslawski had many options. He could have discussed the situation with a Republican inspector. He could have read the Voter Rights sheet on the sign-in table. He could have called Peter Quinn at the Board of Elections. He could have called a lawyer. He could have gone to his real election district and voted. He could have gone to the Town Hall for advice. He could have contacted Chief Inspector Ms. Haight.

He chose not to do any of these.

He was too "angry."

Breslawski stormed out and abandoned his civic duty. He knows where he lives, that is the only place where he is entitled to vote.

Local spin doctoring is already underway. Republican inspectors from District 7 were trying to blame everybody but the guilty. They claimed that the challenge made Jim "angry" and that justified his abusive and assaultive behavior. They claimed that Jim wasn’t given a paper ballot, ignoring the fact that Breslawski stormed out of the building without attempting to explore his options. Breslawski turned his back on his right to vote, nobody else did.

Anger never justifies threatening harm to another person. Typically, the only people who think it does are victims of abuse themselves.


[Assault: An attempt or threat... to inflict bodily injury on another, accompanied by the apparent present ability to give effect to the attempt..." Barron’s Law Dictionary]