STATE OF NEW YORK

SUPREME COURT COUNTY OF RENSSELAER

MARK A. EVERS, SR., ALAN T. MICHAELS, and

ERNEST L. KERN
AFFIDAVIT
Petitioners,

--against--
INDEX NO.:
ROBERT ASHE, LOUIS J. DESSO, JOSEPH F.
STYCZYNSKI, and the Rensselaer County Board of
Elections comprised of Commissioners LARRY A.
BUGBEE and EDWARD G. McDONOUGH;
Respondents.

MARK A. EVERS, SR. being duly sworn, deposes and says:

1. I am a Petitioner in this action and was a candidate for North Greenbush

Town Supervisor on the ballot for the Independence and Conservative primaries conducted on

September 13, 2005.

2. On the evening of September 13, 2005 I was engaged in a "get-out-the-

vote" effort to try to get enrolled Conservative and Independence party members to go to the

polls and vote. I went door-to-door urging people to vote for me.

3. I took notes of who I spoke to and when and was shocked and

disappointed to learn after the election that many of the people I saw and spoke with at the

homes on September 13, 2005 had cast an absentee ballot.

4. After the election I had an opportunity to examine the absentee ballot

applications of the "absent" people I saw in their homes on election night on September 13,

2005.

5. At approximately 6:10 p.m. on the night of the 13th I saw Edward and

Delores Long at their home on 14 Merry Hill Road. Both of them had informed the

Rensselaer

County Board of Elections that they would be on vacation in Florida from September 12, 2005
through September 19, 2005. Both of the Longs had their absentee ballot delivered to my

opponent, Robert Ashe.

6. At approximately 6:25 p.m. on the night of the 13th I saw Kyle "Larry"

Rokjer at his home at 13 Baker Avenue. He informed the Rensselaer County Board of

Elections that he needed an absentee ballot because he was working in Schoharie during the

election. Mr. Rokjer told me that he and his wife were "well taken care of" by Lou Desso and

Leon Fiacco.

7. At approximately 6:30 p.m. on the night of the 13th I saw Robert Goyer

at his home at 40 Orchard Terrace. Mr. Goyer informed me that both he and his wife, Tracy,

were at home and that they had cast absentee ballots. Both Mr. and Mrs. Goyer had informed

the Rensselaer County Board of Elections that they would be on vacation in Tuscon, Arizona,

from September 10th through September 18th.

8. At approximately 7:15 p.m. on the night of the 13th, I saw Nancy Gapp at

her home at 29 Pine Avenue. She told me that both she and her husband were at home. She

had informed the Rensselaer County Board of Elections that she needed an absentee ballot

because she was working at OMRDD in Albany on election day. Mr. Gapp informed the

Board of Elections that he needed an absentee ballot because he was working at the Port of

Albany on the 13th. Both of the Gapps had their ballot delivered to my opponent, Robert

Ashe.

9. At approximately 7:20 p.m. on the night of the 13th, I saw Gerald W.

Bruce, Sr. and Jesse Bruce at their home at 32 Van Woert Court. Gerald Bruce, Sr. informed

the Rensselaer County Board of Elections that he needed an absentee ballot because he was
taking a trip to the Turning Stone Casino on September 13th. Jesse Bruce informed the Board

that he needed an absentee ballot because he was taking a trip to Bangor, Maine from

September 11th through September 14th.

10. At 7:45 I went to the home of the Comitale Family at 36 Edwards Road

and spoke with Dominic and Sharon Comitale's daughter. The daughter informed me that

Dom and Sharon would be home shortly if I wanted to wait for them. Both Dominic

Comitales, Paul Comitale and Sharon Comitale informed the Rensselaer County Board of

Elections that they would be on vacation in Maine from September 11th through September

16th.

11. I am very disturbed by the fact that my opponent and two of his running

mates had over 120 absentee ballots delivered to them. That is an incredibly large number

that

makes me suspicious that there was fraud or other wrongdoing going on with regards to those

ballots.

12. From my experience campaigning on September 13th it is apparent that

there are many people who filed an application for an absentee ballot, instructed the Board of

Elections to deliver the ballot to a Republican candidate and then was not absent during the

election.

13. If, as I suspect, all or nearly all of the absentee ballots delivered to my

opponent Robert Ashe and his allies, Louis Desso and Leon Fiacco, contain write-in votes for

my opponent, Robert Ashe, then he will win the Conservative Primary instead of me.

14. I urge the Courts to take action to prevent the outcome of the
Conservative Primary for Supervisor from being decided by fraud and illegal voting. The

Petitioners should be able to conduct a hearing to take testimony from people who cast an

absentee ballot that was delivered to Robert Ashe, Louis Desso and Leon Fiacco so that the

Courts may determine whether that person was qualified to cast an absentee ballot or whether

there was any improper coercion involved in the casting of the ballot.

15. Any absentee ballots cast by a person who was not qualified to vote by

absentee should not be counted in the vote totals. Our country is founded on the principles of

fair play and free elections. The fact that over ¼ of the total votes cast in this election were

delivered to candidates Ashe, Desso and Fiacco makes it doubtful that the outcome of the

election will be either fair or free unless the courts become involved in the process.

Dated: September 25, 2005

North Greenbush, New York

_______________________________
Mark A. Evers, Sr.

Sworn to before me this

____ day of September, 2005.

________________________
Notary Public