New York's 29th congressional district elections, 2010
Encyclopedia
Two elections in New York's 29th district
were held on November 2, 2010. The candidates vied to replace Eric Massa
, who resigned the seat on March 8, 2010 as a result of health issues and allegations of sexual harassment.
The Governor
called for a special election to be held simultaneously with the general election on the same day, with the special election determining who will fill out the remainder of Massa's term in the 111th United States Congress
(from November 2010 to January 2011) and the general election determining who serves in the 112th United States Congress
.
Republican Thomas W. Reed, Jr., the former mayor of Corning, New York
, defeated Democrat Matthew Zeller
, a CIA analyst and war veteran who was living in Washington, DC at the time of Massa's resignation, and Janice Volk, a write-in candidate.
won this district by 1.8 percentage points in 2008 over then-two-term incumbent John "Randy" Kuhl
. The district leans Republican (CPVI R+5), voted for John McCain
over Barack Obama
by a 51-48 margin, and, accounting for redistricting, had been held by a Republicans for almost a century, except for Democrat Stan Lundine
's time representing the area in the 1970s and 1980s. Massa, as of early 2009, had an active campaign war chest of over $38,000, most of it from labor union interests, and intended on using the fund for a 2010 campaign. At the time of his resignation, he had raised over $600,000. The NRCC targeted Massa for voting in favor of the Recovery and Reinvestment Act
.
However, on March 3, 2010, Massa announced that he would retire after his first term, following reports that he had suffered a recurrence of cancer and allegations of sexual harassment; Massa later announced his resignation effective March 8. Governor David Paterson
had the option to call a special election (much as resignations in the 20th and 23rd districts prompted), but because it is an election year, Paterson was not compelled to do so immediately. Much speculation was aired over when the special election would occur, but it ultimately was set to coincide with the general election.
On April 23, 2010, Steuben County Republican chairman Bill Hatch announced that he would be filing a lawsuit that, if successful, would force the governor to acknowledge the vacancy and call the special election in the immediate future. Clause I.2.4 of the U.S. Constitution requires the governor of a state issue a "writ of election" for any congressional vacancies, which would technically place Governor Paterson in contempt if he did not recognize the vacancy. The judge hearing the case denied a motion from the Paterson administration to dismiss the lawsuit on May 13.
On May 12, 2010, Paterson announced that he would set the special election for November 2, 2010, and would not issue the required writ of election until October. This would result in the seat remaining vacant for eight months, far longer than the 30 to 40 days dictated by New York law. It would also result in a general election and special election occurring on the same day, with the winner of the special election serving from the moment the election is certified (or the loser concedes, whichever is first) until January 2011, and the winner of the general election serving from that point until 2013. Furthermore, the redundant election complicates the primary election process: it would be theoretically possible for either Reed or Zeller to be defeated in the primary election in mid-September, but then remain on the ballot for the special election. On top of this, state law dictates that special elections cannot be held for vacancies acknowledged after July 1, except in special circumstances. Following the announcement, Angelo Campini, who is challenging Reed in the primary election, stated that he would consider joining the lawsuit or filing one of his own over the date of the election if it resulted in him being pushed off the ballot.
Judge David Larimer issued a ruling in the case on June 4, 2010, officially acknowledging the vacancy, but ignoring the state law regarding the requirement for calling a special election within 30 to 40 days of the acknowledged vacancy. As such, Larimer would not compel Paterson to call the election before November 2. The plaintiffs considered an appeal but never followed through.
, a 28-year-old CIA analyst who had not lived in New York since he had left for war. Zeller was an ROTC-trained Army officer who served in Afghanistan and holds master's degrees in international relations and public administration.
As of the first quarter of 2010, Reed has raised $481,879 and had $287,222 cash on hand.
As of July 2010, Volk had not yet raised enough funds to need to file with the Federal Election Commission
, which would indicate less than $5,000 in fundraising and/or spending. Reed raised $686,449 by that point, approximately $100,000 from his own account, while Zeller had raised $137,885.
As of September 2010, Reed had raised $809,464 and had $361,315 in cash on hand. Zeller raised $232,425 and had $50,418 in cash on hand.
With Reed heavily favored, he donated $75,000 of his campaign money to the National Republican Congressional Committee
and the New York Senate Republican Committee less than one week before the election.
in 2002, won every county in the district. However, he lost his home city of Corning, as well as the city of Hornell. All write-ins, including (but not exclusively) Volk's, totaled 527 votes for the general and 510 for the special, less than 0.3% of the vote.
Hornell mayor Shawn Hogan indicated that unless Zeller were to move back to Washington, DC, that Zeller would run for the seat again in 2012.
Official campaign sites
New York's 29th congressional district
The Twenty-ninth district of New York is a congressional district for the United States House of Representatives which covers a portion of the Appalachian mountains in New York known as the "Southern Tier." It is represented by Tom Reed...
were held on November 2, 2010. The candidates vied to replace Eric Massa
Eric Massa
-March to the Primaries:Freshman incumbent Randy Kuhl had been elected to Congress with slightly over 50% of the popular vote in a three way race in 2004. In early 2005, former U.S. Naval officer Eric J.J. Massa, a long-time friend of 2004 presidential candidate General Wesley Clark filed to run...
, who resigned the seat on March 8, 2010 as a result of health issues and allegations of sexual harassment.
The Governor
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
called for a special election to be held simultaneously with the general election on the same day, with the special election determining who will fill out the remainder of Massa's term in the 111th United States Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
(from November 2010 to January 2011) and the general election determining who serves in the 112th United States Congress
112th United States Congress
The One Hundred Twelfth United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It convened in Washington, D.C. on January 3, 2011, and will end on January...
.
Republican Thomas W. Reed, Jr., the former mayor of Corning, New York
Corning (city), New York
Corning is a city in Steuben County, New York, United States, on the Chemung River. The population was 10,842 at the 2000 census. It is named for Erastus Corning, an Albany financier and railroad executive who was an investor in the company that developed the community.- Overview :The city of...
, defeated Democrat Matthew Zeller
Matthew Zeller
Matthew C. "Matt" Zeller is a United States Army veteran of the Afghan War and the 2010 Democratic nominee for .-Early life, education and career:...
, a CIA analyst and war veteran who was living in Washington, DC at the time of Massa's resignation, and Janice Volk, a write-in candidate.
Background
Democrat Eric J. MassaEric Massa
-March to the Primaries:Freshman incumbent Randy Kuhl had been elected to Congress with slightly over 50% of the popular vote in a three way race in 2004. In early 2005, former U.S. Naval officer Eric J.J. Massa, a long-time friend of 2004 presidential candidate General Wesley Clark filed to run...
won this district by 1.8 percentage points in 2008 over then-two-term incumbent John "Randy" Kuhl
Randy Kuhl
John R. "Randy" Kuhl, Jr. is an American Republican politician, and former member of the United States House of Representatives from New York. He represented New York's 29th congressional district for two terms before being defeated for reelection by Eric Massa on November 4, 2008 by margin of...
. The district leans Republican (CPVI R+5), voted for John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
over Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
by a 51-48 margin, and, accounting for redistricting, had been held by a Republicans for almost a century, except for Democrat Stan Lundine
Stan Lundine
Stanley Nelson Lundine is a politician from Jamestown, New York who served as Mayor of Jamestown, a United States Representative, and lieutenant governor of New York. A Democrat, he was inaugurated Mayor in 1970 and served to 1976 when he was elected to the U.S. House of Representatives after the...
's time representing the area in the 1970s and 1980s. Massa, as of early 2009, had an active campaign war chest of over $38,000, most of it from labor union interests, and intended on using the fund for a 2010 campaign. At the time of his resignation, he had raised over $600,000. The NRCC targeted Massa for voting in favor of the Recovery and Reinvestment Act
American Recovery and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009, abbreviated ARRA and commonly referred to as the Stimulus or The Recovery Act, is an economic stimulus package enacted by the 111th United States Congress in February 2009 and signed into law on February 17, 2009, by President Barack Obama.To...
.
However, on March 3, 2010, Massa announced that he would retire after his first term, following reports that he had suffered a recurrence of cancer and allegations of sexual harassment; Massa later announced his resignation effective March 8. Governor David Paterson
David Paterson
David Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...
had the option to call a special election (much as resignations in the 20th and 23rd districts prompted), but because it is an election year, Paterson was not compelled to do so immediately. Much speculation was aired over when the special election would occur, but it ultimately was set to coincide with the general election.
On April 23, 2010, Steuben County Republican chairman Bill Hatch announced that he would be filing a lawsuit that, if successful, would force the governor to acknowledge the vacancy and call the special election in the immediate future. Clause I.2.4 of the U.S. Constitution requires the governor of a state issue a "writ of election" for any congressional vacancies, which would technically place Governor Paterson in contempt if he did not recognize the vacancy. The judge hearing the case denied a motion from the Paterson administration to dismiss the lawsuit on May 13.
On May 12, 2010, Paterson announced that he would set the special election for November 2, 2010, and would not issue the required writ of election until October. This would result in the seat remaining vacant for eight months, far longer than the 30 to 40 days dictated by New York law. It would also result in a general election and special election occurring on the same day, with the winner of the special election serving from the moment the election is certified (or the loser concedes, whichever is first) until January 2011, and the winner of the general election serving from that point until 2013. Furthermore, the redundant election complicates the primary election process: it would be theoretically possible for either Reed or Zeller to be defeated in the primary election in mid-September, but then remain on the ballot for the special election. On top of this, state law dictates that special elections cannot be held for vacancies acknowledged after July 1, except in special circumstances. Following the announcement, Angelo Campini, who is challenging Reed in the primary election, stated that he would consider joining the lawsuit or filing one of his own over the date of the election if it resulted in him being pushed off the ballot.
Judge David Larimer issued a ruling in the case on June 4, 2010, officially acknowledging the vacancy, but ignoring the state law regarding the requirement for calling a special election within 30 to 40 days of the acknowledged vacancy. As such, Larimer would not compel Paterson to call the election before November 2. The plaintiffs considered an appeal but never followed through.
Democratic party
The Democrats took longer to choose a candidate for office. After most of the names that were mentioned pulled themselves out of consideration, the party chose Matthew ZellerMatthew Zeller
Matthew C. "Matt" Zeller is a United States Army veteran of the Afghan War and the 2010 Democratic nominee for .-Early life, education and career:...
, a 28-year-old CIA analyst who had not lived in New York since he had left for war. Zeller was an ROTC-trained Army officer who served in Afghanistan and holds master's degrees in international relations and public administration.
Not running
- John BatisteJohn BatisteMajor General John Batiste is a retired officer of the United States Army.John Batiste was commissioned as an infantry officer from West Point and served in five US Army heavy divisions over the next 31 years...
, retired Major General - Sandra FrankelSandra FrankelSandra L. Frankel is the Supervisor of the Town of Brighton, Monroe County, New York. A former school board member, Frankel is a longtime town supervisor....
, town supervisor of BrightonBrighton, Monroe County, New YorkBrighton is a town in Monroe County, New York, USA. The population was 36,609 at the 2010 census.-History:The Town of Brighton, located on the southeast border of the city of Rochester, was originally settled approximately 1790, and formally established in 1814—earning it recognition as one...
, former lieutenant governor candidate - Mike Green, Monroe County District Attorney
- Shawn Hogan, mayor of Hornell
- Susan JohnSusan JohnSusan V. John is a former member of the New York State Assembly from Monroe County, New York. A Democrat, she represented the 131st district from January 1, 1991 to December 31, 2010. She was succeeded by Harry Bronson, a fellow Democrat.-References:...
, assemblywoman (speculated) - David KoonDavid KoonDavid R. Koon is an American Democratic politician who represents District 135 in the New York State Assembly, which includes the towns and villages of East Rochester, Penfield and Webster, and Fairport, neighboring communities located in upstate New York in the eastern suburbs of...
, assemblyman - Barbara LiftonBarbara LiftonBarbara S. Lifton is a Democratic member of the New York State Assembly representing Assembly District 125, which includes Tompkins County in its entirety, as well as the City of Cortland and towns of Cortlandville and Virgil in Cortland County....
, assemblywoman from Ithaca - Michael McCormick, former Allegany County legislator, instead ran for Catharine YoungCatharine YoungCatharine M. "Cathy" Young is an American legislator on the state level who, as a member of the Republican Party, has represented New York's 149th State Assembly district from 1999 to 2005 and, since May 2005, the 57th State Senate district, which includes all of Chautauqua County, Cattaraugus...
's seat in state senate and lost - David Nachbar, Massa's 2008 primary opponent, Bausch & Lomb executive (speculated), instead ran for Joseph ErrigoJoseph ErrigoJoseph Errigo is a former member of the New York State Assembly, for the 130th district first elected in 2000. He is a Republican. He did not seek relection in 2010.-References:...
's former seat in state assembly and lost to Sean HannaSean HannaSean T. Hanna is an American politician who was elected to the New York State Assembly to serve the residents of the 130th Assembly District on November 2, 2010... - Ellen Polimeni, mayor of Canandaigua
- David Rose, teacher in the Henrietta-Rush School District
- John Tonello, mayor of Elmira (speculated)
- Mary Wilmot, regional director for the Paterson administration, heir to the Wilmorite fortune, instead ran for James AlesiJames AlesiJames S. "Jim" Alesi is a New York State Senator, representing parts of Monroe County, and a member of the Republican Party.-Early life:Before entering office, Alesi ran a firm that operates washers and dryers in apartment complexes and colleges....
's seat in state senate and lost
Nominee
- Tom Reed, former mayor of CorningCorning (city), New YorkCorning is a city in Steuben County, New York, United States, on the Chemung River. The population was 10,842 at the 2000 census. It is named for Erastus Corning, an Albany financier and railroad executive who was an investor in the company that developed the community.- Overview :The city of...
Not running, or eliminated
- Angelo Campini, pizza shop owner from Henrietta Failed to deliver a petition to get onto the primary ballot. After proposing a write-in campaign, Campini bowed out on September 30, 2010, endorsing Reed.
- Janice Volk, Cuba resident, alpaca farmer and black conservativeBlack conservatism in the United StatesBlack conservatism in the United States is a political and social movement rooted in communities of African descent that aligns largely with the American conservative movement...
community activist Submitted 1,400 signatures to secure primary ballot, but those petitions were challenged. Enough of the signatures were stricken that could invalidate the nomination, but some were on questionable grounds (such as one that claimed that Gowanda, New YorkGowanda, New YorkGowanda is a village in New York in the United States and lies partly in Erie County and partly in Cattaraugus County. The population was 2,842 at the 2000 census. The name is a local native term meaning "almost surrounded by hills" or "beautiful place among the hills...
did not exist). Though Volk later announced plans to seek a third-party line, she was unable to do so. Volk insists she is still in the race through a write-in campaign.
- Maggie BrooksMaggie BrooksMaggie A. Brooks is a broadcasting personality and politician most notable for having served as the first female County Executive of Monroe County, New York....
, county executive of Monroe County - Brian KolbBrian KolbBrian M. Kolb is the New York State assemblyman from the 129th District, and is the minority leader of the Assembly. He was unanimously chosen as minority leader in April 2009, following the resignation of Jim Tedisco....
, Minority Leader of the New York State Assembly - Randy KuhlRandy KuhlJohn R. "Randy" Kuhl, Jr. is an American Republican politician, and former member of the United States House of Representatives from New York. He represented New York's 29th congressional district for two terms before being defeated for reelection by Eric Massa on November 4, 2008 by margin of...
, former congressman and state senator - Catharine YoungCatharine YoungCatharine M. "Cathy" Young is an American legislator on the state level who, as a member of the Republican Party, has represented New York's 149th State Assembly district from 1999 to 2005 and, since May 2005, the 57th State Senate district, which includes all of Chautauqua County, Cattaraugus...
, state senator
Horse Race Metrics
At the time of Massa's resignation, the lone announced candidate, Tom Reed, had approximately $120,000 cash on hand. According to Reed, "in our last report, we raised $233,000."As of the first quarter of 2010, Reed has raised $481,879 and had $287,222 cash on hand.
As of July 2010, Volk had not yet raised enough funds to need to file with the Federal Election Commission
Federal Election Commission
The Federal Election Commission is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act...
, which would indicate less than $5,000 in fundraising and/or spending. Reed raised $686,449 by that point, approximately $100,000 from his own account, while Zeller had raised $137,885.
As of September 2010, Reed had raised $809,464 and had $361,315 in cash on hand. Zeller raised $232,425 and had $50,418 in cash on hand.
With Reed heavily favored, he donated $75,000 of his campaign money to the National Republican Congressional Committee
National Republican Congressional Committee
The National Republican Congressional Committee is the Republican Hill committee which works to elect Republicans to the United States House of Representatives....
and the New York Senate Republican Committee less than one week before the election.
Tom Reed
- James AlesiJames AlesiJames S. "Jim" Alesi is a New York State Senator, representing parts of Monroe County, and a member of the Republican Party.-Early life:Before entering office, Alesi ran a firm that operates washers and dryers in apartment complexes and colleges....
, state senator - James BacallesJames BacallesJames Bacalles is a member of the New York State Assembly, for the 136th district first elected in 1995. He is a Republican. Prior to his election to the assembly he served as mayor of Corning...
, assemblyman and former mayor of Corning - Amo HoughtonAmo HoughtonAmory "Amo" Houghton Jr. is a politician from the state of New York, a retired member of the House of Representatives, and member of one of upstate New York's most prominent families in business, the Houghton family.-Early life:...
, former representative - Randy KuhlRandy KuhlJohn R. "Randy" Kuhl, Jr. is an American Republican politician, and former member of the United States House of Representatives from New York. He represented New York's 29th congressional district for two terms before being defeated for reelection by Eric Massa on November 4, 2008 by margin of...
, former representative - Bill PaxonBill PaxonL. William Paxon , known as Bill Paxon, is a lobbyist and former member of the U.S. House of Representatives from New York.-Early life:...
, former representative - George Winner, state senator
- Catharine YoungCatharine YoungCatharine M. "Cathy" Young is an American legislator on the state level who, as a member of the Republican Party, has represented New York's 149th State Assembly district from 1999 to 2005 and, since May 2005, the 57th State Senate district, which includes all of Chautauqua County, Cattaraugus...
, state senator - Angelo Campini, potential primary challenger
- Rochester Democrat and Chronicle
- Messenger-Post Newspapers (Canandaigua, NY)
- The Leader (Corning, NY)
Matthew Zeller
- The Buffalo NewsThe Buffalo NewsThe Buffalo News is the primary newspaper of the Buffalo – Niagara Falls metropolitan area, and the area's only daily newspaper. It is the only newspaper owned by Berkshire Hathaway.-History:...
- 1199SEIU United Healthcare Workers East1199SEIU United Healthcare Workers East1199SEIU is a local union of the Service Employees International Union. With a membership of 360,000 it claims to be the largest local union in the world.-History:...
- Finger Lakes Times (Geneva, NY)
Janice Volk
- Jim Ostrowski, 1994 Libertarian Party gubernatorial candidate and WNY Tea Party Coalition Co-Founder
- Amy McManus/Amy Mikolajczyk, talk show host on WLEAWLEAWLEA is a radio station broadcasting a combined talk radio and oldies format. Licensed to Hornell, New York, USA, the station serves the Elmira-Corning area. The station is currently owned by Pmj Communications, Inc...
out of Hornell, NY and future Hornell city council candidate - David Chamberlain, Village of Cuba, NY Mayor (1990-1995)
Polling
| Poll Source | Date(s) administered |
Tom Reed (R) | Matthew Zeller (D) | Undecided |
|---|---|---|---|---|
| Siena poll | September 21, 2010 | 44% | 30% | 26% |
| We Ask America | April 20, 2010 | 41.38% | 24.01% | 34.62% |
Results
Reed won by a 56%-44% vote in both the special and the general elections. Reed, for the first time since Amo HoughtonAmo Houghton
Amory "Amo" Houghton Jr. is a politician from the state of New York, a retired member of the House of Representatives, and member of one of upstate New York's most prominent families in business, the Houghton family.-Early life:...
in 2002, won every county in the district. However, he lost his home city of Corning, as well as the city of Hornell. All write-ins, including (but not exclusively) Volk's, totaled 527 votes for the general and 510 for the special, less than 0.3% of the vote.
Hornell mayor Shawn Hogan indicated that unless Zeller were to move back to Washington, DC, that Zeller would run for the seat again in 2012.
External links
- New York State Board of Elections
- U.S. Congress candidates for New York at Project Vote SmartProject Vote SmartProject Vote Smart is a non-profit, non-partisan research organization that collects and distributes information on candidates for public office in the United States...
- NY - District 29 from OurCampaigns.com
- House - New York from the Cook Political ReportCook Political ReportThe Cook Political Report is an independent, non-partisan online newsletter that analyzes elections and campaigns for the United States House of Representatives, the United States Senate, Governor's offices and the American Presidency. The Cook Political Report is led by a staff of five...
- Race ranking and details from CQ PoliticsCongressional QuarterlyCongressional Quarterly, Inc., or CQ, is a privately owned publishing company that produces a number of publications reporting primarily on the United States Congress...
- Campaign contributions from OpenSecrets.orgCenter for Responsive PoliticsThe Center for Responsive Politics is a non-profit, nonpartisan research group based in Washington, D.C. that tracks money in politics and the effect of money and lobbying activity on elections and public policy and maintains a public online database of its information.Their database...
- Race profile at The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
Official campaign sites