Re: I'm currently homeless and running for state office but DSA is trying to kick me off.

[Ralph Yozzo]

+tax-payers...@googlegroups.com 

Hi DJ and everyone 

I could not agree more with this lack of transparency.  The board of elections is as transparent as concrete. 

The rules seem to be for the little people.  Do as I say not as I do.  They seem to be the mottos of our board of elections. And the minions that are in the club. 

I've included the taxpayers of New York mailing list.  Please feel free to join. 

Ralph 

On Mon, Apr 20, 2026, 6:20 AM dje...@djelf7.com <dje...@djelf7.com> wrote:

Specifications filed by Kyle Huey working for Diana Moreno's office are trying to kick me off the ballot.

I'm currently homeless and sometimes I do stay around the building or nearby.  According to information below I can run for office.

I do plan on visiting the law library and getting a printout of the relevant law Pitts vs.Black as well as other potential relevant laws.

As a homeless person I am not able to open a bank account for my campaign, so Diana Moreno who raised $200K much of it probably matching funds for just her special election is using this money to push a homeless man off the ballot.

A homeless man who works with the

• longest wrongfully incarcerated men in NYS and US history,
• the disabled (2nd largest minority voting block),
• war victims like myself who are excluded from antiwar activism,
• the homeless,
• the victims of academic administrators in "higher education"
• Asian Americans,
• people in public housing and the poor
• Street Performers

I also host NYC's only 3rd party and independent candidate debates, and
have gathered candidates across the nation to find issues we can agree on.
I have more candidate interviews and activist interviews then any other Youtuber (over 100 each)

The horrid truth is that for all the words of social justice and inclusion the socialists pick winners and losers and the bourgeoise well funded gentrifiers weaponize the system against the poor using government money.  Meanwhile the real poor CANNOT ACCESS the programs that allow people like Diana Moreno and her staff to generate incredible advantage.

This  is the seat that Zohran Mandani just left.  I'm a Republican yet endorsed by former Memphis DSA co-chair Salamander Brandy for my work in defending trans people.

I stand as yet another example of a poor person whose struggle is coopted by DSA and then the resources that they collect are immediately weaponized against the poor people that they claim to represent.  This is why I am proud to be a Republican.  To protect the poor from exactly this kind of behavior.

I also am endorsed by NYC's longest wrongfully incarcerated man Otis Johnson as well as others.

Would you be willing to write a letter of support to ask the BOE to not kick me off the ballot?  When I go to the BOE a stack of supportive letters might influence their decision. 

I would appreciate it.

Please forward this story to anyone who could see it worthy of coverage.  Thank you.

[Ralph Yozzo]

Hi Marc and everyone,

Is it the case that they have two different places in the application or forms? 

One for residence and one for mailing address.  What would the residence be used for?  Especially if it is some park bench near such and such intersection. 

Ralph

On Mon, Apr 20, 2026, 7:39 AM Marc Safman <ma...@safmanconsulting.com> wrote:

chatgpt shepardizes

Short answer: yes — they would almost certainly still need to provide a physical residence description. A P.O. Box alone is not enough.

---

⚖️ Why a P.O. Box isn’t sufficient

For candidates, election law distinguishes between:

🏠 Residence (required for eligibility)

• Must be a physical location within the district
• Used to determine:
  • Whether the candidate actually lives there
  • Whether they meet durational residency requirements

📬 Mailing address (optional)

• Can be:
  • P.O. Box
  • Campaign office
  • Shelter or third-party address

👉 A P.O. Box only satisfies the mailing function—not residency.

---

🧠 What a homeless candidate would need to do

If they don’t have a traditional home, they would typically:

✅ Provide BOTH:

1. Residence description
   • Example:
     • “Northwest corner of X Park near Y Street”
     • “Sleeping area behind [location]”
     • “Regularly stays at [shelter name]”
   • This satisfies the legal residency requirement
2. Mailing address
   • P.O. Box or other stable address
   • Used for official correspondence

---

⚠️ Why this matters more for candidates than voters

• Candidate residency is often challenged in court or by election boards
• Opponents may try to disqualify them
• So:
  • The residence description must be specific and consistent
  • Courts will look for intent + actual presence

---

📚 New York–specific note (important here)

New York generally requires candidates to list a “residence address” (Election Law § 6-132, § 1-104 concepts).

• A pure P.O. Box listing would likely be rejected or challenged
• But NY courts tend to interpret residence flexibly, similar to Pitts v. Black:
  • Focus on where the person actually lives, not ownership or lease

---

🧪 Exam-ready rule

👉 A candidate cannot rely solely on a P.O. Box; they must provide a physical residence sufficient to establish domicile, though a separate mailing address may be used for correspondence.

---

🧠 Bottom line

• P.O. Box = fine for mail
• ❌ Not enough for candidacy
• ✅ Must include some physical location description, even if unconventional 

============

⚖️ Pitts v. Black — Shepardized (Exam-Ready)

🟢 Status: GOOD LAW

• Not overruled, vacated, or reversed
• Still cited for core principle: homeless individuals have a constitutional right to vote
• Authority level:
  • Federal district court → persuasive, not binding outside S.D.N.Y.

---

🟢 Positive Treatment (Followed / Cited Approvingly)

Courts and commentators rely on Pitts for:

1. Broad protection of voting rights

• Voting is a fundamental right
• States cannot exclude groups absent strong justification

2. Flexible definition of “residence”

• Residence ≠ traditional home
• Can include:
  • Shelter
  • Park
  • Street location
• Focus is on:
  • Intent to remain
  • Physical presence

3. Limits on administrative/fraud arguments

• Courts cite Pitts to show:
  • Administrative inconvenience ≠ constitutional justification
  • Fraud concerns must be specific, not speculative

👉 Typical signal: “See Pitts v. Black …” (supporting authority)

---

🟡 Neutral / Limited Treatment (Distinguished)

Some courts:

• Distinguish based on facts, such as:
  • Different residency verification systems
  • State-specific statutory schemes
• Use Pitts as persuasive, but not controlling

👉 Typical signal:

• “Distinguished”
• “Cf. Pitts …”

---

🔴 Negative Treatment

• ❌ No overruling
• ❌ No direct rejection of its core holding

At most:

• Limited weight due to:
  • Being a district court opinion
  • Fact-specific context (NY election law)

---

📚 Doctrinal Placement

Falls within:

• Equal Protection (14th Amendment)
• Fundamental right to vote

Related Supreme Court framework:

• Voting restrictions → often trigger heightened scrutiny
• Government must show:
  • Legitimate interest
  • Means are not overly exclusionary

---

🧩 How to Use on an Exam

Strong Use (🟢)

• “Courts have recognized that lack of a fixed address cannot bar voting (Pitts v. Black).”

Supporting Use (🟡)

• Pair with stronger authority (e.g., Supreme Court voting rights cases)

Weakness to Note

• “As a district court case, Pitts is persuasive but not binding.”

---

🧠 One-Line Rule Statement

👉 A person need not have a traditional residence to establish voting eligibility; denying the vote solely due to homelessness violates equal protection.

---

If you want, I can:

• Compare Pitts to later cases (like voter ID or residency disputes), or
• Turn this into a full IRAC answer for an exam hypo.

--

Marc Safman
Safman Consulting
ma...@safmanconsulting.com
(917) 825-1471 (Text preferred)
safmanconsulting.com

[Ralph Yozzo]

@dje...@djelf7.com @Marc Safman 

I agree with you DJ. 

Make the amendment right away and from now on fill it out with with the residence as a location.  And the PO box is only for the mailing address.  

Ralph

On Mon, Apr 20, 2026, 8:11 AM dje...@djelf7.com <dje...@djelf7.com> wrote:

They do have two places on the form.  I'll take it on at the hearing or try to get in front of the judge.  As a homeless person you want to shift around.  If people see you too much they don't like it. 

There is a 24 hour blink gym,there is a nice spot in front of the ecuadorian embassy, sometimes in front of the mailroom isn't bad for an overnight but really I try to switch it up. 

Generally stay in district cuz my storage unit and mailbox are here.  LIC has a lot of storage unit space and when they jack up the price (a known strategy)  I can switch easily and keep cycling promotional prices.  Plus LIC and Astoria are nice neighborhoods and feel safer.

I feel like Marc really killed  it with the breakdown.  Hopefully I can go in front of the judge, make an amendment or they approve the petitions  and don't kick me off.

I do sometimes stay by the mailbox, so it's as good a place as any.

---

From: Ralph Yozzo <ra...@brooklynmarathon.com>
Sent: Monday, April 20, 2026 7:53 AM
To: Marc Safman <ma...@safmanconsulting.com>
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Subject: Re: I'm currently homeless and running for state office but DSA is trying to kick me off.