Brooklyn Democrats Face Off In Court Over Party Control

BROOKLYN, NY— A fight over who will control the Brooklyn Democratic Party returned to court Tuesday, and reform-minded district leaders challenged a rule change that could prevent them from taking control of the party this fall.

The group won 22 of the 42 district leader seats in June and backed Julio Peña III to replace current chair Rodneyse Bichotte Hermelyn.

If those 22 leaders retain their majority, they would control the executive committee and could elect Peña as chair, giving them control over the party’s rules, endorsements and role in choosing Democratic judicial candidates.

But before the newly elected leaders could take office, Bichotte Hermelyn and her allies approved a plan to expand the executive committee to more than 68 members.

In a nearly three-minute video posted by the Brooklyn Democratic Party, Bichotte Hermelyn describes the rule change as “one of the most progressive steps in our history."

She addresses criticism that she is trying to consolidate power, including a graphic depicting her in a pinstriped suit with a cigar and a lion behind her.

She also describes New Kings Democrats as “a small fraction of the party” and said the group opposed her effort to expand the party’s leadership.

The dispute concerns an internal party organization rather than a general-election ballot measure.

But the Brooklyn Democratic Party plays a role in choosing Democratic nominees for certain judicial races, making its leadership structure relevant to how some candidates reach voters.

What Did The Two Sides Argue In Court?

At the hearing before New York Supreme Court Justice Jill Epstein, reformers pointed to state election law, which states district leaders hold office until the next election at which committee members are elected.

"What we are looking at is an issue of a subversion of democracy,” Mark Hanna, the attorney representing the reformers, told the judge.

Hanna argued the outgoing leaders therefore could not approve the rule changes after the June primary.

The Brooklyn Democratic Party’s lawyers relied on another provision of the same law.

Attorney Amy Beth Marion said an existing county committee continues to exercise legal authority until the new county committee holds its organizational meeting.

What Happens Next?

The court has yet to rule on the reformers’ broader challenge to the rule changes.

New York law requires county committees to organize between Sept. 17 and Oct. 6 following a June primary.

The Brooklyn Democratic Party has scheduled its county committee organizational meeting for Sept. 23, when party members are expected to conduct organizational business and elect officers.

The leadership election also remains ahead. Party rules require the vote for chair to occur by Oct. 6.

Until that meeting, the existing committee retains legal authority.