Hoyt campaign alleges illegality by aide to Golisano’s new group
Cites shift from foe’s camp as a sign of coordination
As B. Thomas Golisano’s new political organization mailed its first political flier against Sam Hoyt this week — “Albany Sam Hoyt Is All Frosting and No Cake” — Hoyt’s chief political strategist has accused a Golisano aide of breaking state election law.
John F. O’Donnell Jr., a political consultant, went directly from working on Barbra A. Kavanaugh’s campaign to working for Golisano’s new organization, Responsible New York, according to Jeremy C. Toth.
And that, in the view of Toth, an attorney and Hoyt loyalist, is a violation of election law that governs how unauthorized committees can function.
Golisano has pledged to spend up to $5 million on state elections in this campaign season. But the election law waives the mandatory spending limits only if committees such as Golisano’s and the individual candidates do not coordinate their campaigns.
“New York State election law is very clear,” Toth said. “Coordination between a candidate and an unauthorized committee is a felony, not a misdemeanor, not a violation — a felony. This is serious stuff that’s going on.”
Kavanaugh denied any connection with Golisano’s flier.
“It was as much a surprise to me as it was to anyone else,” Kavanaugh said.
Kavanaugh earlier said that there was no truth to Toth’s accusing her and G. Steven Pigeon, co-chairman of Golisano’s organization, of coordinating a smear against Hoyt on a local Web site run by Joseph J. Illuzzi.
Illuzzi printed copies of lurid e-mails between samhoyt@hotmail.com and a woman using the name blueskies88 from Nov. 2, 2003, to June 30, 2005. He forwarded them to Assembly Speaker Sheldon Silver, D-Manhattan, alleging that the woman was a legislative intern.
The Assembly’s Ethics Committee has begun an investigation, and Hoyt, refusing to take questions, issued a statement saying that he had “broken his wedding vows” and that he and his wife were back together but that he had not done anything illegal or broken any Assembly rules.
Assembly records show that the woman, then 24, was a legislative aide, not an intern, at the time of the first e-mail in November 2003. She later graduated from the University at Buffalo Law School.
Kavanaugh said she had nothing to do with Illuzzi’s actions. “It is not part of my campaign,” she said.
Of her race against Hoyt, Kavanaugh said, “I’m getting money from a guy who says he wants change because I’m running against somebody who has been there for 16 years, and there are many other candidates who are also getting money from Golisano.”
O’Donnell, who is at the Democratic National Convention, could not be reached for comment.
On June 20, Kavanaugh campaign treasurer Jeffrey A. Tooke filed a form with the State Board of Elections, saying he and O’Donnell were authorized to sign checks for Friends of Barbra Kavanaugh.
On Aug. 7, Tooke filed a new form, replacing O’Donnell’s name as co-signatory with that of Barbara W. Kloberdanz so O’Donnell could go to work for Golisano.
“Is there proof of the coordination at this point?” Toth asked. “No. But all the circumstantial evidence and the fact that a signatory of Friends of Barbra Kavanaugh is now a staff member for Tom Golisano is enough evidence to warrant an investigation by the proper authorities.”
Kavanaugh, who resigned her position as a law clerk for O’Donnell’s father, State Supreme Court Justice John F. O’Donnell, to run against Hoyt, said she has long known the judge’s son, who goes by the name Jack.
“Jack has been a very very close friend for over 10 years,” she said. “He has always been involved [in Kavanaugh campaigns].
“He was trying to start a consulting business. He was brought on board with Golisano. Because there can’t be any coordination, Jack literally left my campaign with five minutes’ notice. He came to me and said, ‘I’ve got to go.’ ”
Golisano is giving money to many candidates, Kavanaugh said.
“We have to be fair here,” she said. “I am not the only beneficiary of his largess. He’s giving money all over.”
Pigeon, who is at the Democratic Convention with Golisano, on Sunday called Toth’s accusations of a conspiracy to smear Hoyt “outrageous.”
A similar complaint about coordination was made earlier against Pigeon by Erie County Legislator Michele M. Iannello, D-Kenmore, who is competing with Joseph J. Mesi and Daniel J. Ward for the Democratic nomination for the State Senate seat being vacated by retiring Sen. Mary Lou Rath, R-Williamsville.
Iannello complained to State Attorney General Andrew M. Cuomo and Albany County District Attorney P. David Soares that Pigeon and Gary D. Parenti both worked on Mesi’s campaign — Pigeon was one of his campaign fund signatories — before Golisano formed his group and endorsed Mesi.
