Politics
59th District Senate race, issues only please. Part III: Issues and candidate final comments
By Lee Chowaniec
Oct 20, 2008, 11:43

The final segment of the "Hardline with Hardwick" radio program debate between incumbent Republican candidate Dale Volker and endorsed Democratic candidate Kathy Konst (Erie County Legislator) centered on the tenor of the campaign.

Dr. Kevin Hardwick, Canisius College Political Scientist, declared that it appeared the race had heated up in the past few weeks fueled by accusations that Konst had voted in two places, where she and her husband lived and when they lived there, etc. Hardwick asked Konst for her response to the allegations.

Konst responded that the charges were unfair and not based in truth. “The tenor of the campaign has gotten negative, unfair and slanderous. People say to me that I must be devastated and wonder why I even consider running.”

“5,000 people signed my petitions to create a new party line, the Integrity Party line. Mr. Volker and his party and his campaign have worked overtime to destroy it; and my family as well. 90 voters were forced into court and lost work to appear before a Justice and swear that they raised their right hand when signing the petition. Even the judge admitted not ever having anyone getting his petitions have people raise their right hand and swear it was actually them who signed the petitions.”

“Mr. Volker had been subpoenaed, but never showed up because he was on vacation; but 130 people had to show up in court.”

As to Konst’s voting twice on the same day, Florida and New York, she stated she used to live in Florida from 1989 to 1992. “I haven’t been back there in seven years, but my husband’s family lives there. Do we have a connection to Florida? Yes, it’s called family!”

Konst in no uncertain term denied voting in two elections. “It’s ridiculous,” said Konst. “Do they expect me to vote in all 50 states in this election too? It is so ridiculous that only in the fact that anyone who would believe this is beyond the pale. I have already filed complaints with the Board of Elections and the NYS Attorneys General office on theses outlandish charges.”

Hardwick asked Senator Volker whether he believed Konst voted twice in one election.

Senator Volker: “What Kathy (Konst) said was entirely untrue. I don’t write any of this stuff. It was all the Buffalo News. But, the facts are the facts! The Buffalo News has reported on official public records. Now, it’s important for the voters to know about the candidate’s character and integrity they elect to office. Integrity and character still count.”

“Yes it does,” interjected Konst, “and I would hope you would follow the same rules because this is obviously about doctored materials.” “ I don’t know what connection you have with Bob McCarthy from the Buffalo News, your campaign and Jim Domagalski from the Erie County Republican Party who stands up and speaks for you rather than you speaking yourself before camera attacking me, my husband and our family. I am working overtime to show how you were able to fraudulently manufacture documents.”

Volker responded, “Kathy, that’s ridiculous. Your petitions were the worse petitions anyone ever seen in our history and the judge admonished your lawyer and said they were terrible and there was fraud…”

Konst interjects: “You tell that to the people who signed them and were infuriated to the extent that they gave me their subpoena fees because they were so disgusted by your tactic.”

“Listen,” says Volker, “you were responsible for your petitions and I was responsible for mine. You think I wanted to do that? Of course I didn’t want to do that.”

Taxes

“No one likes taxes,” Hardwick declared. “We pay a lot of taxes. We pay income, property, sales and other taxes. Which do you think are fair? We talk about shifting taxes. Giambra asked constituents whether they would rather pay more in property or sales taxes.

Volker: Does anyone think we can do another sales tax increase in this county? That’s ridiculous! I don’t want to raise real property taxes either. Let me say to my opponent, Chairman of the Finance Committee of the Erie County Legislature, you got a problem. You’re going to have to deal with that! I don’t have to deal with that.”

Not getting what he felt wasan appropriate response, Hardwick asked his question in a different manner. “If I came to you as an official at any level and said that we had to raise a million dollars in taxes, how shall we raise that; income, property or sales taxes?”

Volker: “I would do it the fairest way.”

Hardwick: “Pardon me?”

Volker: “I am not going to commit to that because I believe we should not commit to that. We should cut wherever we can to avoid any new taxes.”

Hardwick: “Let me ask a different way. If we say we could cut expenses by a million dollars so that we could cut one of the taxes, which tax would you cut first, property, sales or income? Which is most onerous?”

Volker: “I would probably peg all three, but mostly it would be property taxes.

Hardwick: “Okay, real property tax is the worse for you.
Kathy, your thoughts on which taxes are the fairest and which are least fair”

Konst: “Alluding to Mr. Volker’s charge that we have a problem in the county, we have problems created by people like him who have spent 38 years in Albany. The tax that is the fairest is the sales tax. No one likes or wants taxes, but they are what create the community we live in; that we can have quality of life services, public safety, libraries and so forth.”

“Property taxes are the most onerous because they are devoted to people who own property. Sales tax is a burden carried by all.

Wrap up

“As voters go into the voting booths in a couple weeks, what questions do you think they should be asking,” Hardwick inquired.

Konst: “Are you better off today than you were forty years ago? Mr. Volker has been in Albany for the last 38 years. We have the second highest taxed state in the country. If you have been in office for the last 38 years, your leadership should be looked at as responsible for those failed policies. Why should this man be re-elected?”

“I believe we can and should do better. I have experience in the county legislature, was a former school teacher, and work with businesses on a daily basis for the past 11 years; helping them with the struggles they have dealing with the high burden of taxes and the red tape that has been mandated by this state’s government.”

“I don’t talk about party politics, you do Mr. Volker. I have been considered a maverick in the Legislature because of standing up to Party leaders on both sides and special interests. I will continue to do so because I do what is right. Regardless of what Mr. Volker says of my integrity, people who know me, work with me, see me in office know the kind of dedicated person I am.”

Volker: “First of all, I think I have gotten results for the people of my district. I want to thank the voters for giving me the opportunity to serve them and for the trust they have placed in me. If I am re-elected, I promise to place their needs and interests first. I will continue my efforts to curb taxes. We need to build the economy of New York, improve education, improve health care, make our community safe to live in and raise a family.”

“Honesty, integrity and truthfulness still count.”

Scorecard on agreements and disagreements on issue positions

Agree

Gun Control: Both candidates favor the second amendment right to bear arms.

Medicaid: Program is too generous and needs refinement.

Property tax cap: Both candidates view it as the most onerous of all taxes and are in favor of a cap.

Drug Laws: Only change needed is for alternative program to deal with low-level violators.

Casino legalization: Both candidates are against legalizing anything outside the present compact with the Seneca Nation.

Taxes: Both candidates favor no increase in the state tax, find the property tax the most onerous and the fairest to be the sales tax which burdens all residents.

Disagreements and differences

Taylor Law: Konst favors amending the law. Volker suggests “incentives” be given to get both sides to the bargaining table.

Term Limits: Konst supports term limits. Volker against term limits; favors letting the voters decide.

State Retirement System: Volker recognizes there is a problem and would like to see a new Tier created. Konst believes the system is out of control, needs refinement and to have “Golden Parachutes” eliminated.

Death Penalty: Volker favors it for all crimes punishable by death. Konst, once favoring it as well, has changed her position since the Capozzi and DeJac exonerations.

Abortion: Volker declares he is pro life. Konst is personally against abortion but takes the position that if Medicaid pays for abortion for only the poor, it’s coverage should be extended to include all who are victims of rape, incest or where the mother’s life is in danger.
Gay marriage: Konst is personally against gay marriage, but if it is allowed it should cover all civil unions. Volker opposed to it. Claims most of his constituents feel the same way.

Education: Both want the best for the children. Volker says he wants to stop unfunded mandates, cut through the federal red tape and ensure the money gets to the classrooms. Konst wants the system to be made more accountable. Wants to work to ensure children are given the opportunity to graduate, get good jobs and remain in the area.

Next: Part IV: Personal comments


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