State Sen. Malcolm Smith

State Sen. Malcolm Smith, arrested and charged last week as part of a wide-ranging bribery scandal, looks like he could have electoral troubles in addition to his legal woes. Jason Hilliard, a long-time staffer to Congressman Gregory Meeks, is actively mulling a  challenge to Mr. Smith, a source close to Hilliard told Politicker.

While Mr. Hilliard declined to discuss his bid, the source said he had been considering the challenge even before last week's indictment, as he wanted to "enact a more progressive agenda" than Mr. Smith had been advocating. The source addded that Mr. Hilliard “based [the] decision ... to serve as a champion" on issues like the standard of living in southeastern Queens.

The Queens County Democratic Party has been looking for ways to unseat Mr. Smith, who angered members of his own party by joining with the breakaway Independent Democratic Conference last year. Adding salt to the partisan wounds, Mr. Smith was also exploring a run for mayor as a Republican, a quest that federal prosecutors allege he used cash bribes in pursuing. Mr. Smith has maintained his innocence.

Councilman Leroy Comrie, currently running for borough president, has been another rumored candidate to challenge Mr. Smith, though he has denied he is interested in doing so.

Senator Squadron (Photo: NYS Senate)

Democratic State Sen. Daniel Squadron called on his Democratic colleague, State Sen. Malcolm Smith, to resign after he was arrested this morning and accused of orchestrating bribery scheme to land himself in the Republican mayoral primary.

"The charges outlined in today's complaint are simply shocking," Mr. Squadron, who's also a candidate for public advocate this year, said in a statement earlier today. "This is something that belongs in 'House of Cards,' not an election to decide who will run our city or any part of our government. Regardless of the outcome of the criminal charges filed against Senator Smith, he has lost the public trust -- and he should resign."

Mr. Smith, already stripped of his leadership position in breakaway Independent Democratic Conference that governs the State Senate along with the Republican caucus, was charged along with Republican Councilman Dan Halloran, Queens Republican Party Executive Vice President Vince Tabone and Bronx Republican County Chair Jay Savino, in a wide-reaching bribery scheme. Their alleged aim was to allow Mr. Smith, a Democrat, into the Republican mayoral primary. Mr. Squadron appears to be the first elected official to call for Mr. Smith's resignation.

As a side note, Mr. Squadron was not the only politico to compare Mr. Smith's alleged illegalities to House of Cards, the ongoing television show involving a plethora of Washington intrigue.

"Malcolm Smith's career and plotting remind me of 'House of Cards,'" Slate reporter David Weigel tweeted today. "if 'House of Cards' was about a moron."

Mr. Smith has maintained his innocence.

State Sen. Malcolm Smith's office. (Photo: Bill Hammond)

That was fast.

Independent Democratic Conference leader Jeffrey Klein effectively booted Senator Malcolm Smith from his breakaway Democratic caucus this afternoon, stripping him of his leadership position and all committee assignments in the wake of charges that he took part in an alleged bribery scheme.

"These are very serious allegations that, if true, constitute a clear betrayal of the public trust," Mr. Klein said in a statement. "As a result of these charges, I have made the decision to strip Senator Smith of his committee assignments and of his conference leadership position. By participating in the alleged scheme, Senator Smith breached the trust of the Independent Democratic Conference."

Mr. Smith, a Democrat charged with trying to bribe Republican county leaders to secure a place in the Republican mayoral primary, was one of five Democrats that formed their own conference to govern the State Senate with Republican State Sen. Dean Skelos. He was the co-chairman of the Senate Task Force on Sandy Recovery, vice chairman of the Finance Committee and chairman of the Social Services Committee. Along with Mr. Smith, Republican Councilman Dan Halloran, Queens County Republican Executive Vice President Vince Tabone and Bronx County Republican leader Jay Savino were charged with participating in the alleged bribery scheme as well.

"I trust that the U.S. attorney's office will act expeditiously to resolve this matter and to ensure that justice is served," Mr. Klein continued. "Finally, given the level of criminality alleged, I believe that Senator Smith should seriously consider whether or not he can continue to effectively serve his constituents."

Update: (2:37 PM):  Mr. Skelos concurred with Mr. Klein's decision to strip Mr. Smith of his leadership and committee assignments.

"The allegations outlined today involving Malcolm Smith are extremely troubling," Mr. Skelos said in a statement. " I concur with the swift decision made by Independent Democratic Leader Jeff Klein to strip him of his committee assignments and his conference leadership position."

Malcolm Smith (Photo: Getty)

Hell hath no fury like a county organization scorned.

Multiple Democratic insiders confirmed to Politicker that Queens State Senator Malcolm Smith, the fifth member of the breakaway Independent Democratic Conference, could face a primary challenger in 2014. Mr. Smith, it should be noted, has flirted with running for mayor as a Republican and is not going out of his way to strengthen his Democratic bonafides.

“It’s clear that Malcolm Smith is on his last term in the Senate,” said one source. “Caucusing with Republicans is not a viable tactic."

One strong challenger for Mr. Smith, the Democrat explained, would be Councilman Leroy Comrie, a loyal party stalwart who's been exploring a bid for Queens Borough President but has yet to post a formidable fundraising haul to indicate he's fully in the race. Both Mr. Smith and Mr. Comrie hail from overwhelmingly Democratic neighborhoods in southeastern Queens where the electorate is unlikely to be sympathetic to the Republican cause. Adding fuel to the partisan fire for Mr. Smith, the Senate Democrats have much of their campaign operations based in the borough and targeting him is sure to be high on their minds come 2014.

Another Queens Democrat confirmed a Comrie challenge has been talked about, though he was unsure if the Democratic Party would want to inject Mr. Comrie into a potentially nasty primary. Spokespeople for the hypothetical rivals did not immediately return requests for comment.

“[Comrie challenging Smith] is certainly an option,” the second insider said. “I don’t know if county will want to subject Comrie to that sort of race. For all of Comrie’s options, it’s going to be the question: can he put the money together?”

But it might not just be Queens where the Democratic Party is pondering campaigns against the breakaway IDC's members. For example, newly-minted Kings County Democratic Chairman Frank Seddio has harshly criticized Democratic Senator-elect Simcha Felder's decision to directly caucus with the GOP and even explored ways to expel him from the party. Staten Island Senator Diane Savino is an IDC member who also represents parts of Brooklyn and we reached out to Mr. Seddio's spokesman, George Arzt, and asked if the Brooklyn organization might be mulling a primary challenge against Ms. Savino as well.

Mr. Arzt replied to Politicker's email with a simple "YES."

Of course, some things are easier said than done, and Ms. Savino enjoys the support of Staten Island's Democratic Party and would not appear anywhere near as vulnerable as Mr. Smith. Not campaigning for mayor as a Republican could also work in  her favor.

Update (11:30 a.m.): Mr. Smith's spokesman, Hank Sheinkopf, responded by pointing to the still-devastated parts of the district in the wake of Hurricane Sandy. 

"Senator Smith is busy helping victims of Sandy recover, spending time making homes habitable and putting food on the table," Mr. Sheinkopf explained. "This is a moment of concern for victims of a serious disaster. It's not a time for politics."

Update (1:20 p.m.): Scott Levenson, a consultant for Ms. Savino, added, "Senator Savino is confident that the voters care more about issues like campaign finance reform and minimum wage then party bosses and their labels."

Additional reporting by Colin Campbell

(Photo: Wikimedia)

Yesterday afternoon, the course of the New York State Senate was altered when a faction of the on-paper Democratic majority announced they would instead form a power-sharing agreement with the Republicans, equally splitting control of the chamber in an "unprecedented" fashion. Although labor has been wary of the situation thus far, seemingly preferring Democratic rule, Transport Workers Union Local 100 called the new coalition-style government "the best possible option" for the state.

“In the aftermath of Super Storm Sandy, and the devastation suffered by the working families of New York, we must get down to the business of governing," said the union's president, John Samuelsen, in a statement late last night. "The Independent Democratic Conference— led by serious, effective senators such as Jeff Klein, Diane Savino, and Malcolm Smith — has shown great commitment in fighting for public union employees and their families. It is obvious that at this point their decision to create a bipartisan coalition was the best possible option to ensure a functioning government for all New Yorkers and NYC Transit Workers and our families.”

For what it's worth, TWU Local  100's endorsements sometimes cut against the political grain, and the union, which has been without a contract since January, likely has a particularly vested interest in the state government in the coming months.

In contrast, several other unions have responded more coolly. RWDSU, for example, ominously warned the smaller Democratic conference to deliver on the minimum wage legislation they support.

“We are pleased that Senator Klein has made passage of a minimum wage increase in New York a priority," RWDSU president Stuart Appelbaum said in a press release yesterday. “The bill that he introduced last year, to increase New York’s minimum wage to $8.50 an hour and then index it to inflation, should not be weakened by his new coalition partners. We would expect that this will be the same bill he will pass for with his new Republican colleagues."

While the labor-backed Working Families Party sounded aggressive on the topic, with their executive director, Dan Cantor, declaring the new coalition "puts the progressive agenda in jeopardy" and suggested a potential electoral face-off could occur next time these senators face the voters.

"On Election Day, New Yorkers made their voices heard for a Democratic-Working Families majority because of the issues that hang in the balance in Albany," Mr. Cantor  said. Public financing of elections. Women's health. Reforming stop and frisk. Raising the minimum wage and indexing it to inflation. A real DREAM Act. These are not trivial issues. Senator Klein has voiced support for them in the past, but his Republican partners stand against us on each one. The burden therefore rests on the shoulders of Senator Klein and the IDC to prove that they can deliver. If they can, then this coalition may yet be validated. But if they cannot, then we will hold them to account."

Dean Skelos. (Photo: Facebook)

It's a particularly wild week in Albany, and in a surprise announcement, five members of of the "Independent Democratic Conference" have joined their Republican counterparts to form a "historic bipartisan partnership," even as the Democrats protest the situation by pointing to their on-paper majority in the chamber. The IDC, whose numbers expanded today with Democratic Senator Malcolm Smith joining their ranks, had hinted at a bipartisan coalition of some kind, but only now have the details of this arrangement emerged.

According to the joint declaration, the breakaway Democratic conference and the GOP will split as many duties as possible, with the actual title of Temporary President alternating back and forth between the two:

Under the unprecedented agreement, the Independent Democratic Conference will be formally recognized as a third, permanent Senate conference. Senator Klein and Senator Skelos will assume the roles of Conference Leader for their respective conferences and will administer joint and equal authority over (1) the daily senate agenda (a/k/a the “Active List,” which lays out which bills will be voted on each day), (2) the state budget, (3) appointments to state and local boards, and (4) leadership and committee assignments for their respective conferences. Under the agreement, coalition leaders will need to work together to lead the Senate forward. The new agreement will also provide for a process by which the title of Temporary President will alternate between the two conference leaders every two weeks. Therefore, the role of the temporary president will be constitutionally fulfilled at all times.

How effective this delicate balance of power is remains to be seen. The IDC's leader, Senator Jeff Klein, has presented a progressive set of priorities that includes scholarship aid for illegal immigrants, an increase in the minimum wage and campaign finance reform. At least some of these ideas have been steadfastly opposed by the Republican conference. How Governor Andrew Cuomo, who's managed to push his agenda through Albany thus far, manages the situation will likely have a big impact on the ultimate legislative outcome.

A sixth Democrat, Senator Simcha Felder, elected last month in a conservative Brooklyn district, previously announced his intention to caucus directly with the Republican conference, placing the Democratic conference at a significant numerical disadvantage even if they win two outstanding races that appear favorable to them.

Update (2:30 p.m.): A statement from the Senate Democratic minority: 

“This is not a coalition but a coup against all New Yorkers who voted for Democratic control of the Senate and a progressive state government. Sadly, the real victims of today's announcement are the people of our State, whose clearly expressed desire for progress on a host of issues will now be scuttled. Senate Democrats will remain fierce advocates for them and the issues New Yorkers want to see implemented like standing up for women’s health, passing real campaign finance reform, raising the minimum wage and enacting common sense gun laws.”

View the full press release, which was provided by the current Republican majority:

Senator Dean G. Skelos, leader of the Senate Republican Conference, and Senator Jeffrey D. Klein, leader of the Independent Democratic Conference, today joined together to announce an historic bipartisan partnership to continue the tremendous progress that has been achieved over the past two years in New York State. This new bipartisan governing coalition guarantees a fiscally responsible, fully functional Senate that will continue to produce positive results for all New Yorkers.

Two years ago, Independent Democrats and Senate Republicans put partisan differences aside to end the dysfunction, gridlock and reckless fiscal policies of the previous Senate leadership. This partnership returned function and order to the Senate Chamber, restored fiscal integrity, and produced remarkable accomplishments that have benefited all New Yorkers. Today’s agreement marks a bold new chapter in this partnership, that will allow the Senate to continue pushing New York State forward, while ensuring that there will be no returning to the failed leadership of the past.

Of tremendous importance is the bipartisan coalition government’s commitment to working with Governor Cuomo on progressive policy issues that benefit all New Yorkers in the next legislative session.

Senator Skelos said, “The Senate Republican Conference has worked closely with the Independent Democratic Conference and Governor Cuomo to bring historic progress to New York. We’ve brought spending under control, ended Albany dysfunction, and consistently delivered the bipartisan results New Yorkers need and deserve -- even on many of the most difficult issues. Senator Klein has proven to be a thoughtful and effective leader, and I look forward to partnering with him to move this state forward.”

Senator Klein said, “Over the past two years, members of the IDC and Senate Republicans have shown that the best way to overcome New York’s biggest challenges is by working in a constructive, bipartisan way. Legislating is a deliberative, cooperative process—not a spectator sport. Having dedicated the past two years to a serious, policy-driven agenda, this agreement delivers on the IDC’s pledge to become a permanent third conference within the State Senate and to have a major voice in all policy decisions moving forward. Having worked together over the past two years, I know that Senator Skelos is not only an effective leader, but is as committed as I am to delivering major bipartisan results for all New Yorkers.”

Under the unprecedented agreement, the Independent Democratic Conference will be formally recognized as a third, permanent Senate conference. Senator Klein and Senator Skelos will assume the roles of Conference Leader for their respective conferences and will administer joint and equal authority over (1) the daily senate agenda (a/k/a the “Active List,” which lays out which bills will be voted on each day), (2) the state budget, (3) appointments to state and local boards, and (4) leadership and committee assignments for their respective conferences. Under the agreement, coalition leaders will need to work together to lead the Senate forward. The new agreement will also provide for a process by which the title of Temporary President will alternate between the two conference leaders every two weeks. Therefore, the role of the temporary president will be constitutionally fulfilled at all times.

This partnership will be memorialized in the Senate’s rules for the upcoming legislative session. The two conferences, which will form the governing coalition, will be recognized in the 2013-2014 Senate Rules as the Senate Majority Coalition.

Senator Malcolm Smith (D-Queens) also announced that he has joined the Independent Democratic Conference as its fifth member.

Senator Smith said, “I’m thrilled that today I’m not only joining the IDC, but I’m becoming an immediate part of this historic and bipartisan governing coalition. Our state’s biggest issues are too important to address on a narrowly focused, partisan basis. Over the past two years, Senator Klein and his colleagues in the IDC have shown that they’re driven by policy, not politics. They have delivered on an impressive bipartisan agenda, have stayed true to their Democratic principles, and have laid the groundwork for an historic bipartisan model of governing. I would like to thank Senator Klein and all of my new IDC colleagues for welcoming me into the conference and for committing to move New York forward in an exciting, bi-partisan, and common-sense way. We have made tremendous strides over the past two years, but as we all recognize, there’s plenty of work still to be done. I’m very confident that the new governing model we’re announcing today is the best way to get the results that New York’s families and businesses need.”

Senator Tom Libous (R-C-I, Binghamton) said, “Today, we are taking steps to formalize our existing partnership through a new Senate Majority Coalition, which we believe is the best, most effective way to ensure that true bipartisanship and meaningful progress will continue in Albany. My constituents want Democrats and Republicans to work together to achieve real results that improve their lives, and that's what we are going to do in cooperation with the IDC.”

Senator Diane Savino (D-Staten Island/Brooklyn) said, “Two years ago, we realized that in order to serve our constituents effectively, we needed to take the politics out of policymaking. That’s what we’ve done since forming the IDC and that’s what we’ll continue to do as part of the new coalition government. Our constituents, particularly mine, cannot afford the type of political gamesmanship that has, in the past, overrun a healthy and functioning legislature. We’re here to accomplish the people’s business and that’s why we’ve formed this historic bipartisan coalition.”

Senator George D. Maziarz (R-Newfane) said, “Today is a great day for all New Yorkers as we move forward and announce the new Senate Majority Coalition. I can work with anyone to get things done for the people of my district and am excited to continue on the path to move New York forward -- and doing so in a bi-partisan fashion.”

Senator David Valesky (D-Oneida) “Today is a great day for government in New York State. By building a bipartisan coalition of Senators from across the state, we will remake the New York State Senate with a bold new model, where partnership is valued over partisanship, and a focus on important issues will be at the forefront. This coalition will enable stability, functionality and a wide-ranging legislative agenda that will benefit the people of New York. I look forward to working with my colleagues in a productive legislative session that will hopefully serve as an example for governance.”

Senator John A. DeFrancisco (R-C-I, Syracuse) said, “My constituents are looking for a bipartisan government to get things done. We’ve had great success working with the Independent Democrat Conference over the past two years to pass on-time budgets that reduced state spending, lowered taxes and helped create new private sector jobs. The new coalition will allow this team that has worked so well together to continue the progress we’ve made for the benefit of all the people of this state.”

Senator David Carlucci (D-Rockland) said, “In order to bring meaningful results to New York families and businesses, we need to break down party barriers and work across the aisle. This bipartisan agreement will help us do exactly that. By taking the politics out of policymaking, I know that we’ll achieve big things for all New Yorkers.”

Senator Martin Golden (R-C, Brooklyn) said, “The new bipartisan coalition will be an effective way to ensure that we continue to move New York forward. The people of this state want their representatives to work together to address the issues that impact their lives and, particularly important to the people of my district, work with other state and federal leaders to help us recover and rebuild from the devastation of hurricane Sandy.”

Senator John Bonacic (R,C,I-Mount Hope) said, “The recently formed coalition between the Senate Republican Conference and the Independent Democrat Conference is good news for the hardworking people of our great state. The coalition, which has been working together for the past two years with Governor Cuomo, will ensure a functional and productive Senate working in a bipartisan way to provide solutions to the great challenges we all face in the coming year.”