Harsh election rules and an oppressive political climate have produced a sparse crop of candidates willing to challenge New York's incumbents.
 
 
 

As the 1996 electoral season moves into high gear this summer, voters will hear soaring rhetoric about the nation's political system, the sanctity of American democracy and, above all, the importance of casting their ballots for the candidates of their choice.

 But when New Yorkers enter voting booths across the state this November, their choices will not be quite as grand as the defenders of the system would have them believe. At least 30 state legislative candidates won't have major party opponents this year, and hundreds more will go unopposed in town and county elections in 1997.

 The porous candidate slate "deprives voters of choices and it limits accountability," says Lee Miringoff, director of the Marist College Institute for Public Policy. "These are two major values of our electoral process. But in many districts, the cost of running is too great, and the rewards aren't high enough."

 New York leaders nevertheless are hoping that the ballot looks fuller than it did in 1994, the last time state legislators and members of the U.S. Congress faced voters.

 That year, Republicans and Democrats failed to field opposition in 20 of 61 state Senate districts. Twenty-nine of 150 state Assembly candidates took a free ride to Albany, while four of 31 members of the U.S. House of Representatives breezed in without a major party opponent.

 That same year, candidates in 27 of 41 races for state Supreme Court were either cross-endorsed by both major parties or ran unopposed. In 1995, competition in Supreme Court races improved somewhat. But that still meant less than half the races—14 of 29—had major party opposition. "The two-party system is a myth in New York state," says Laureen Oliver, chairwoman of the state Independence Party. "We have a two party system, but those two parties don't compete in the same districts."

 Matters at the local level are no better. Across the state, parties fail to mount contested campaigns for dozens of races each year for such posts as county legislator, supervisor, highway superintendent, town clerk or receiver of taxes. In Westchester County last year, candidates in 44 of 121 town and city races ran unopposed by a major party opponent—a whopping 36 percent. That included seven of 17 county legislative races.

 The problem even extends to the state's presidential primary system, where it took a federal court order and a $1 million petition-gathering team for publisher Steve Forbes to get his name on the ballot.

 The magnitude of uncontested races in New York appears high in comparison to other states, says Robert Stern of the Center for Governmental Studies in Los Angeles. In California this year, for example, only seven of 100 state legislative races will go uncontested by one of the major parties. "It sounds like there's either a gentleman's agreement not to run in certain [districts], or the districts are so malapportioned that no one bothers to run," he says. "Clearly there is little recruiting done."

 Still, there are instances when candidates flock to the races, particularly when an incumbent retires or dies, leaving an open seat which candidates feel they have a real shot at winning. Advocates for term limits point to these races as evidence that forced retirement for incumbents would infuse the system with new energy.

 The reasons for the lack of competition—according to political scientists, elected officials and political hopefuls—run far and wide. For example, gerrymandering, which carves districts to favor one party, helps preserve the Republican majority in the Senate and the Democratic majority in the Assembly.

 Onerous ballot access laws that make it difficult for challengers to qualify for the ballot also stand in the way, as do the costs of campaigns, which leave challengers at a decided disadvantage because they usually don't receive donations from special-interest political action committees. Serious Assembly candidates need to raise at least $100,000, while Senate candidates need at least $250,000.

The influence of state legislators and U.S. representatives who double as county party leaders also is cited. Perquisites of incumbency, such as taxpayer-subsidized mailings, pork barrel largess, and state campaign organizations for the Senate and Assembly, also can be obstacles, as is the state's electoral system for judges, which encourages cross-endorsement of judicial candidates.

 On a broader scale, the relative strength or weakness of party organizations throughout the state that make election outcomes a foregone conclusion, and the drawbacks of public service—such as long hours, scrutiny by the press, diminished earnings potential, and many nights away from home, at least for those who win a seat in Albany—are deterrents. So is the nature of politics on the village and town level, where partisan fights are often set aside so the streets can be plowed. Competition only arises in certain circumstances in village and town elections. says SUNY New Paltz political scientist Gerald Benjamin. "The nature of politics is consensual, not competitive."

 With nominating petition challenges not settled until Aug. 5, it is uncertain how many races will go unopposed in 1996. But by the state petition filing deadline of July 11, it appeared that at least 30 state legislative races would not draw major party opposition, according to election officials.

 Both Republican and Democratic leaders say 1996 will be better than 1994. Democrats are optimistic with President Bill Clinton at the top of the ticket of a state in which he is expected to win. His coattails could be wide.

 State Senate Minority Leader Martin Connor, a Brooklyn Democrat who took the leadership post in 1995, made candidate recruitment a priority in 1996. In May, Democrats had only nine opponents for 37 Senate Republicans' seats. By mid-July, however, Connor says he had candidates in 32 of those districts. "I went ballistic in May," he says. "If the party couldn't get candidates, we went to union halls to get laid off workers. We called movie stars. We pushed. Now we have people to articulate the message and force incumbents to be accountable and take a stand."

 State Republicans, still flush from Gov. George Pataki's victory in 1994, feel revitalized and are ready to compete. Erie County Republican Chairman Robert Davis, whose party enrollment is outnumbered by more than l00,000 Democrats, says he has recruited opponents across the board. "We are fielding candidates in every race," he says. "We need to give alternative choices. We don't want to give anybody a year off so they can channel their energies into a race other than their own. It keeps them honest."

 The lack of competition supports the status quo and ensures that those in power remain in power. It's a backroom strategy rarely admitted to but often suggested. In 1994, when Gov. Mario Cuomo was fighting for his political life, Republicans smelled a plot by state Democrats who failed to challenge 11 incumbent GOP state senators. It's the "let sleeping dogs lie" theory. They say the Democrats wanted to depress turnout in Republican strongholds by not opposing GOP senators, so the incumbents didn't energize their supporters.

 The scarcity of competition is a subject that the leaders of the state Democratic and Republican parties do not care to discuss. Legislators and party leaders, however, defend the current system. In some districts, like those in solidly Republican upstate counties or overwhelmingly Democratic New York City neighborhoods, they say the problem is a lack of support for the ideals of the opposing party and the huge odds against success at the ballot box.

Some uncontested legislators go so far as to say the fact that they don't draw opponents proves that they are doing a fabulous job, working in the spirit of nonpartisanship and serving all the voters of the district. State Sen. Serphin Maltese, a Queens Republican, presides over a district with a Democrat enrollment edge of 2-to-1. But he beat a Democrat in 1992 with close to 70 percent of the vote. He was not opposed in 1994 and has won another free ride in 1996. "I'm a full-time senator, and I have a hardworking staff," Maltese says of his 20 staffers. "I work with Democrats in the Assembly on many community and civic things."

 State Sen. Nicholas Spano, a Yonkers Republican, offers an alternate explanation: The job of a state legislator has grown increasingly undesirable as the demands of the position have expanded. He says the base salary of $57,000 does not go far to support a family in the metropolitan region, and the lifestyle is not as glorious as one might believe.

 Many legislators stay in motel rooms in Albany during the six-month session and find it impossible to hold down a full-time job the rest of the year. It's a lifestyle that does not suit everyone, says Spano, also the Westchester Republican chairman, who was unable to recruit candidates in three of the county's seven Assembly races in 1996. "People tell me they can make substantially more in private industry, so why do they need the aggravation?" he says. "It severely curtails your lifestyle. I might want to [wax] my car with my son, but then I have to be at a Little League opening for somebody else's son. You have to give up a good portion of your life, and it takes a toll on you."

 The uphill climb Westchester County Legislator Tom Abinanti, a Greenburgh Democrat, confronts in his race against Spano this year speaks volumes for the predicament challengers face when contesting entrenched incumbents. Spano packs considerable name recognition, having served in Albany since 1978—eight years as an assemblyman and the past decade as a state senator.

 Spano also is a major figure in the Spano family dynasty that includes brother Michael, a state assemblyman, and father Lenny, the Westchester county clerk. "There's no question it will be tough," Abinanti says. "People say that I'm out of my mind to even consider the race unless I can raise $250,000."

 Spano earned considerable goodwill in 1995 by bringing home $1.3 million in member-item grants to his district. His Senate staff of about 20 has provided constituent service and helped keep his high profile. So have state-financed mailings for the senator, which in 1995 cost taxpayers 545,200.

 Spano also has a campaign war chest filled with more than $300,000, much of it acquired at fund-raisers held this year in Albany. His campaign account has grown considerably since his last race in 1992, when he began stockpiling his cash because the Westchester Democrats failed to collect enough signatures to put a candidate on the ballot against him.

 In addition, Spano has the support of the New York State Senate Republican Campaign Committee, which expects to raise up to $2 million for multiple races in 1996. The committee could lend financial assistance if polling data indicates he's vulnerable.

 But Abinanti, still smarting after a vicious legislative campaign waged against him last year by county and state Republicans, vows to see his campaign through regardless of the odds. He knows it will be difficult, citing the scarcity of campaign cash for a race like his. "I hope to run a credible race very cheaply," Abinanti says. "I want to raise issues and talk about whether Nicky is still responsible to the people of his district or if he's become Albany Nick, who raises money from the lobbyists."

 The generous institutional support Albany incumbents receive has raised eyebrows nationwide. In 1995, legislators spent an estimated $6 million on mailings to constituents, including the self-serving "newsletters" sent twice a year to every mailbox in the district.

 The Legislature spends $800,000 a year to run a television studio that tapes favorable interviews for cable television distribution. And the Legislature's $75 million member-item program is the envy of state lawmakers across the country. Community organizations apply for grants through legislators' offices, and the elected officials hand out the money, which is awarded by the leadership of each of the houses.

 One can buy a lot of goodwill with a check to the local senior citizens group, mental health association, or Little League conference. Many times, the award of the check will be memorialized by a "grip and grin" photograph of the smiling politician handing over the money, which then will appear in a local newspaper. "Incumbents are more likely to get indicted or die than be defeated at the polls," says Blair Horner, legislative director of the New York Public Interest Research Group. "When the Albany incumbency machine runs at full throttle, it's tough to beat."

 But state Sen. Guy Velella, a Bronx Republican, says incumbents like himself get re-elected because they bring home the bacon. Velella is chairman of the Bronx County Republican Committee and chairman of the New York State Senate Republican Campaign Committee. He also controls the North Bronx Westchester Neighborhood Restoration Corporation, a nonprofit organization with a state-funded budget of about $800,000 that makes grants to community groups. "I'm a good senator and I work hard for the people," Velella says. "Somebody could put a ton of money and their heart and soul into a race against me, and they aren't going win."

 Having state legislators and Congressmen double as county political party chairmen greatly can stymie competition. While the state Ethics Law prevents other elected and appointed officials from holding party posts, the state legislators made an exception for themselves and members of Congress.

 In 1996, the political chairman-legislators other than Velella and Spano are Assemblyman Herman Farrell, New York County Democratic chairman; state Sen. Roy Goodman, New York County Republican chairman; state Sen. Clarence Norman, Brooklyn Democratic chairman; Assemblyman Roberto Ramirez, Bronx County Democratic chairman; and U.S. Rep. Thomas Manton, Queens County Democratic chairman.

 In 1994, Democrats from the Bronx and Westchester cross-endorsed Velella for reelection in a district that featured a 3-to-2 enrollment edge to Democrats. That same year, the Bronx Republicans cross-endorsed then-Assemblyman and Bronx Democratic Chairman George Friedman for a seat on the Supreme Court.

 Former Queens Republican County Chairwoman Fran Werner charged that Manton has made deals with Queens Republican leaders to go easy on the GOP in return for little or no competition for Democratic seats. Manton denies any such deals. But he differs from Senate Minority Leader Connor in the philosophy of putting someone on the ballot, even if the candidate may lose big. This fall, the borough's two Republican senators, Serphin Maltese and Frank Padavan, will get free rides. "We do triage here," Manton says. "We figure out where we will win, and we concentrate our resources there. Those senators are immensely popular. I'm not going to recruit somebody who has no chance just to harass somebody who is a popular candidate."

 Even if a candidate wants to run, getting on the ballot can be tough in New York. In other states, designation by a party convention is enough to appear before voters. But in New York, the highly technical petition process can be costly, time consuming, and a bonanza for election-law lawyers.

 State Assembly candidates need 500 signatures, Senate candidates need 1,000, and candidates for Congress must submit 1,250. Candidates are encouraged to submit twice as many signatures as required in case some are ruled invalid.

 The state Legislature in July approved changes in the petitioning process, supporting Pataki's plan to abolish many of the technicalities that had knocked candidates off the ballot in the past. For example, petitions will no longer be required to list the correct Assembly districts or ward numbers. And candidates will be given three days to correct technical errors, such as failing to number the pages properly.

 But legislators amended Pataki's bill, which would have allowed voters to sign more than one nominating petition. The amendment limited voters to signing only one petition, a key issue for party leaders who want to restrict opportunities for low-level party posts. "It's a way for the party leaders to maintain control over the parties and limit competition," says Andrew Greenblatt, executive director of New York Common Cause.

 The Legislature also failed to reform the state's presidential primary system, which is controlled by the state parties with an iron grip. For the Republican primary, GOP presidential candidates needed at least 1,250 signatures in each of New York's 31 congressional districts. It is a system designed to ensure that only candidates endorsed by the party organization get on the ballot. It makes it very difficult for other candidates to qualify because they are forced to set up county organizations in 31 counties.

 Democratic candidates have a less onerous task, but they still have to collect 5,000 signatures statewide.

 Though the GOP presidential contest had not been decided by the March 7 New York primary, major candidates such as U.S. Sen. Phil Gramm and former U.S. Education Secretary Lamar Alexander shunned New York, unwilling to invest the money to win a spot on the state ballot. After spending close to $1 million and waging a successful court fight, publisher Forbes and conservative Pat Buchanan qualified for the ballot in most districts.

 Party leaders, however, say the system was designed to make sure that only quality candidates come before voters. "If you make it too easy, you'd have too many names on the voting machine," says Putnam County Republican Chairman George Bucci. "Every nitwit wants to run for president. I'm not saying Forbes or these other gentlemen wouldn't make a fine president, but there are a lot [of] nuts out there."

 In some legislative districts and municipalities, the voter enrollment edge to one party mitigates serious competition in November. Redistricting every 10 years can exacerbate this phenomena. The party that holds the legislative power draws the new lines, and often those lines protect incumbents by carving out districts that maximize their support.

 In some New York City neighborhoods, Democrats outnumber Republicans by more than 8 to 1. Upstate, the Republicans can have similar advantages over Democrats.

 Monroe County Democratic Chairman Robert Cook says that some Rochester suburbs like Parma, Clarkson and Riga have so many Republicans that the party hasn't been able to convince many Democrats to run.

 Cook says the Democrats were unable to find anyone to oppose Assemblyman Jerry Johnson, a Geneseo Republican. He also was looking for a lawyer to run for Family Court in Monroe County. Democrats in the eight-county 7th Judicial District had decided to run only two candidates for four seats on the state Supreme Court. "It's definitely a problem finding candidates," Cook says. "The main reason is the cost of running is so high that it discourages a lot of people."

 Occasionally, lightning strikes, especially if the incumbent has left office and the seat is open. In 1993, Erie County Republicans were scratching for a candidate for county comptroller in the final week before petitions were circulated. Outnumbered by more than 100,000 Democratic voters, the Republicans couldn't find anyone to muster a campaign, even though longtime incumbent Alfreda Smolinski had retired. But a few days before the deadline, then-Erie County GOP Chairman Tom Reynolds asked political unknown Nancy Naples to consider the race.

 Naples had worked on Wall Street for 18 years before moving back to Buffalo, where her family had made a name as functionaries in the powerful Erie County Democratic Committee. As the sole Republican in the family and as the political underdog in the race, she raised $250.000 and beat Democrat Brian Higgins, a Buffalo city councilman, who was also on the Conservative Party line. "My naivete helped," says Naples. "I believed that having a good resume and being qualified for the job was enough to win. I learned you had to work hard, be smart about it, and know what you are talking about. We got the message out to people that I had the qualifications, and they crossed party lines to elect me."

 In the state's judicial races, competition can be even less keen than in legislative or municipal races. They are among the lowest profile contests, and voters often have little idea for whom they are voting. Factors such as race, ethnicity and party affiliation often have more to do with the outcome than does a candidate's qualifications.

 Campaigns for state Supreme Court can cost as much as $100,000. But while on the campaign trail candidates are prohibited by the Canon of Judicial Ethics from discussing political issues. So they are consigned to shaking hands, handing out campaign brochures and meeting voters on community events.

 Candidates are selected at judicial conventions by largely unknown delegates elected the previous year. These delegates, who rarely are contested, are usually supporters of the party leaders, so the selection of judges has become one of the last bastions of patronage power for the political leaders, Greenblatt says.

 It also leads to deal-making between party leaders, who cross endorse judicial candidates, leaving voters with no choice on the ballot. "The party leaders control the delegate slates and they get to make the deals," says Assemblyman Richard Brodsky, a Greenburgh Democrat. "It's the worst of all possible systems. It has the trappings of an elective system, but it isn't. It's unsavory at the highest."

 With hundreds of races across the state going uncontested this year, the sorry state of political competition in New York has fueled calls within the political parties for better recruitment by party officials. Good government groups say that public financing of political campaigns could level the playing field, giving challengers more resources to compete in increasingly expensive elections.

 Others say that term limits are needed, with the increasingly popular initiative used as a blunt instrument to create competitive races.

 Term limits, which generally restrict elective service to eight years, are now in effect in four New York counties and 19 municipalities, including Syracuse, Yonkers, New York City, and Suffolk and Monroe counties, says Danielle Fagre of the Washington, D.C.-based organization U.S. Term Limits.

 This November, voters in Oneida County will decide on term limits. New York City voters, who overwhelmingly approved eight year limits in 1993, will vote on a plan to extend the limits to 12 years.

 One easily can infer what term limits could do for competition by examining the 19th Congressional District in the Hudson Valley in 1994, when Hamilton Fish retired from Congress after 11 terms. The heavily Republican district, which stretches from White Plains north through Putnam and parts of Orange and Dutchess counties, drew seven challengers in the GOP primary and three in the Democratic primary once he left.

 Any hopes for bringing term limits to the New York state Legislature appear to hang on the state's Constitutional Convention, which could be held in 1998 if voters approve it in 1997 in a statewide referendum. "It's a way to get new blood, new ideas and people who are more responsive to the will of the voters, rather than the need to get re-elected," says Alan Roth, secretary of New Yorkers for Term Limits. "It's a way to shake up the system." 

David McCay Wilson is a senior writer with Gannett Suburban Newspapers in White Plains.