{"id":342503,"date":"2026-09-10T03:30:47","date_gmt":"2026-09-10T03:30:47","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/342503\/"},"modified":"2026-09-10T03:30:47","modified_gmt":"2026-09-10T03:30:47","slug":"brooklyn-democratic-party-reformers-battle-over-rule-change-in-court-brooklyn-paper","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/342503\/","title":{"rendered":"Brooklyn Democratic Party, reformers battle over rule change in court \u2022 Brooklyn Paper"},"content":{"rendered":"

The Brooklyn Democratic Party and reformers brought their heated battle over party leadership to court on Tuesday.<\/p>\n

In a packed courtroom, Judge Jill Epstein heard arguments on controversial changes to party bylaws that would likely allow sitting chair Rodneyse Bichotte Hermelyn maintain control of the party.\u00a0<\/p>\n

Bichotte Hermelyn\u2019s position had been at risk after district leaders aligned with reform group New Kings Democrats won a majority of District Leader seats in the June primary. The reformers planned to vote longtime district leader Julio Pe\u00f1a III into power at the party\u2019s organizational meeting later this fall.<\/p>\n

Late last month, Bichotte Hermelyn called a closed-door meeting of the outgoing executive committee \u2014 including several lame duck members who either lost their elections or opted not to run again \u2014 to vote on a series of bylaw amendments, including one that added dozens of voting positions to the party\u2019s executive committee, nullifying the reformers\u2019 newfound majority. The amendments passed<\/a> by a slim margin, 21-19, with one abstention.<\/p>\n

Reformers immediately filed suit, hoping to get the new rules thrown out.\u00a0<\/p>\n

\"rodneyseRodneyse Bichotte Hermelyn after the Aug. 25 meeting and vote. File photo by Lloyd Mitchell<\/p>\n

Mark Hanna, a longtime District Leader and election attorney representing the reformers, argued that both the meeting and the vote were \u201cunlawful,\u201d and violated both state election law and Brooklyn Democratic Party bylaws.\u00a0<\/p>\n

His argument was predicated on a state election law<\/a> that says county committee members \u2014 a.k.a. district leaders \u2014 \u201cshall hold office until the next election at which members of the committee are elected.\u201d\u00a0<\/p>\n

A party bylaw in effect at the time of the Aug. 25 meeting also stipulates that \u201conly persons elected as State Committee members \u2026 are authorized to vote\u201d on the executive committee. The suit argues that the outgoing executive committee members, having lost their positions on the State Committee, were not eligible to vote.\u00a0<\/p>\n

\u201cThis is something they can\u2019t do,\u201d Hanna said. \u201cThey don\u2019t have voting authority, and both the state laws and bylaws provide for that.\u201d\u00a0<\/p>\n

Per state law, county committees are required to have an organizational meeting to elect new leadership between Sept. 17-Oct. 7.<\/p>\n

\u201cUntil such organization meeting, the existing county committee shall exercise all legal authority,\u201d the law reads<\/a>. \u201cUpon the conclusion of such organization meeting, the new county committee shall assume all legal authority vested in the previously organized county committee.\u201d\u00a0<\/p>\n

\"reformerThe reformers\u2019 lawyers, Paul Newell (left), Howard Graubard and Mark Hanna. Photo by Kirstyn Brendlen<\/p>\n

The line stipulating that the existing committee maintains legal authority was added in 2019, when the primary election was moved from September to June, meaning newly-elected district leaders did not formally take office for several months after winning their elections.\u00a0<\/p>\n

The Brooklyn Democratic Party says that law means outgoing executive committee members were within their rights to cast their votes at the Aug. 25 meeting.<\/p>\n

It was all \u201cproperly done,\u201d said party lawyer Amy Marion, \u201cbecause pursuant to law they had authority [to vote.]\u201d<\/p>\n

Hanna disagreed, citing a 2024 appellate court decision<\/a> handed down after outgoing Assembly Member Eddie Gibbs sued the Manhattan Democratic Party for holding an election after the primary but before the organizing meeting.\u00a0<\/p>\n

The court overturned that election, citing past cases where the court ruled that \u201cUpon the election of their successors at the primaries, the outgoing members were no longer empowered to \u2018exercise functions in substantial matters.\u2019\u201d\u00a0<\/p>\n

Though the existing committee holds legal authority until the organizing committee, Hanna argued, they should only act in emergency situations, or to fill sudden vacancies.<\/p>\n

\u201cIt doesn\u2019t mean they should act in all ways \u2026 or [make] substantial changes,\u201d he said.\u00a0<\/p>\n

The reformers\u2019 lawsuit also claims that the Aug. 25 meeting was called without a majority vote required by the party\u2019s bylaws, and was therefore a public meeting subject to Democratic State Committee rules, \u201cwhich require that all public meetings at all levels of the Democratic Party of New York be open to all party members and that the time and place for all public meetings be publicized fully and in such manner as to assure timely notice to all interested persons.\u201d<\/p>\n

\"personInsiders blocked members of the public and reporters from entering the Aug. 25 meeting. File photo by Lloyd Mitchell<\/p>\n

The meeting was held \u201cessentially in secret,\u201d Hanna said, and was not open to party members.\u00a0<\/p>\n

\u201cThey don\u2019t want people to know the kinds of things that are going on in there,\u201d he said.<\/p>\n

Multiple reports state that the meeting was closed to the public<\/a> and to press, and people inside taped pieces of paper to the windows to prevent people outdoors from peeking in during the vote.\u00a0<\/p>\n

Marion disputed the allegations of a \u201ccloak and dagger secret meeting.\u201d<\/p>\n

\u201cThat is not what happened here at all,\u201d she said, adding that the vote was \u201cexpanding democracy\u201d by allowing more party representatives to vote.\u00a0<\/p>\n

She said it was \u201cimproper\u201d for so many outside elected officials \u2014 including House Minority Leader Hakeem Jeffries<\/a> and Mayor Zohran Mamdani<\/a> \u2014 to publicly voice opposition to Bichotte Hermelyn\u2019s rule changes, and accused the reformers of \u201cpoliticizing\u201d the case by including the pols\u2019 quotes in their court filings.<\/p>\n

Epstein, whose began her 14-year Supreme Court term in January after winning the support of the Brooklyn Democratic Party,\u00a0 said that she does not care about what politicians have said, and that their opinions will not influence her decision.<\/p>\n

\u201cThe only thing I\u2019m going to apply is the law,\u201d she said.<\/p>\n

Marion noted that the party had filed a motion to dismiss the reformers\u2019 lawsuit altogether on Sept. 7, a day before the twice-delayed<\/a> hearing.\u00a0<\/p>\n

The suit, she said, left off the names of a number of people whose votes and voting rights would be impacted by the decision, including people who were newly granted the right to vote in the amended rules. Those people are entitled to appear in court, Marion said.\u00a0<\/p>\n

She pointed to a 2022 case where an appellate court tossed out a ruling against the Brooklyn Democratic Party because the original lawsuit \u201cchallenged the authority and actions of the Executive Committee \u2026 but failed to join the Executive Committee.\u201d<\/p>\n

Marion argued that that the reformers were asking Epstein to \u201clegislate from the bench\u201d by hearing the case.\u00a0<\/p>\n

\u201cThis issue is very easily decided by your honor dismissing because necessary parties were not named,\u201d she told Epstein.\u00a0<\/p>\n

Hanna said all necessary parties are included. The suit individually names outgoing committee members who took part in the vote, he said, but not those who were re-elected. However, he said, the suit names the Kings County Democratic County Committee and the Executive Committee \u2014 which includes all members of those committees, even if they are not individually named.\u00a0<\/p>\n

A party divided<\/p>\n

Epstein did not issue a ruling on Tuesday, but is expected to make a decision within the next several days. No matter which way she rules, the case is expected to head to the appeals court in the next few weeks. The issue must be settled before Oct. 7 deadline to hold the organizational meeting.<\/p>\n

Paul Newell, a lawyer helping to represent the reformers, said the case has significant legal implications. If the new rules are upheld, Bichotte Hermelyn will have significant control over who is chosen to fill the new voting positions and is likely to have influence over a process that will add 21 new voting members later this year, according to New York Focus<\/a>.\u00a0<\/p>\n

\"districtNewly-elected and NKD-aligned district leaders rallied against the rule change last week.Photo by Kirstyn Brendlen<\/p>\n

\u201cIf a chair can appoint more members of the governing body than are actually elected by the voters of Brooklyn, it is fundamentally impossible for Brooklyn Democrats to ever govern their party ever again,\u201d Newell said. \u201cThis will be the permanent end of small-D democratic governance of the Democratic Party.\u201d\u00a0<\/p>\n

The case has split the party. At a rally last week, newly-elected district leader Akel Williams said it was a \u201ctravesty\u201d that they had to go to court \u201csimply because our party leader and some other folks in leadership decided that they wanted to steal the will of the voters.\u201d<\/p>\n

But, after the hearing, district leader Anthony Jones, who supports Bichotte Hermelyn, led a group of people in a chant of \u201cWe are the community!\u201d\u00a0<\/p>\n

\"districtDistrict Leader Anthony Jones (second from right) led a group of party supporters in a chant after the hearing.Photo by Kirstyn Brendlen<\/p>\n

He believes the judge will rule in the party\u2019s favor.\u00a0<\/p>\n

\u201cI think that the rules are good. This is what the community looks like, and we want to make sure that all the representatives of the community, by increasing the numbers, we\u2019re going to be able to get stay-at-home moms, stay-at-home dads, senior citizens, people from different ethnicities and different backgrounds,\u201d he said.\u00a0<\/p>\n

Jones said the New Kings Democrats create \u201chavoc and disunity,\u201d and are unwilling to work with other members of the party.\u00a0<\/p>\n

\u201cOne of the things I want to say to New Kings Democrats: Respect Mommy,\u201d he said, apparently referring to Bichotte Hermelyn.\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"The Brooklyn Democratic Party and reformers brought their heated battle over party leadership to court on Tuesday. In…\n","protected":false},"author":2,"featured_media":342504,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36],"tags":[128456,128457,128458,98,18390,100,99,10916,128459,128460,2803,419,53882,12884,124481,2979,128461,126359,45629,54530,3100,126360,10597,9,24,12,370,63,128462,87,17961,126361,2220],"class_list":["post-342503","post","type-post","status-publish","format-standard","has-post-thumbnail","category-brooklyn","tag-amy-marion","tag-anthony-jones","tag-august-25","tag-brooklyn","tag-brooklyn-democratic-party","tag-brooklyn-headlines","tag-brooklyn-news","tag-brooklyn-supreme-court","tag-bylaws","tag-county-committee","tag-court","tag-courts","tag-district-leaders","tag-election-law","tag-executive-committee","tag-hearing","tag-howard-graubard","tag-jill-epstein","tag-judge-jill-epstein","tag-julio-peu00f1a-iii","tag-lawsuit","tag-mark-hanna","tag-meeting","tag-new-york","tag-new-york-city","tag-news","tag-newsletter","tag-nyc","tag-paul-newell","tag-politics","tag-rodneyse-bichotte-hermelyn","tag-rule-change","tag-vote"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/342503","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=342503"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/342503\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/342504"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=342503"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=342503"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=342503"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}