On October 18, a Democratic nominee for Rensselaer County legislature won a court decision that put him back on the November 2007 ballot. Robert Zinzow was nominated for the 4th district special election on September 16, by a meeting of the Democratic Committee. There was no primary because the vacancy had only occurred on September 8, when the incumbent (who was in the middle of his term) was shot by his son.

Zinzow was removed from the ballot by the lower court on October 5. The law says such nominations by committee must be made after the primary. This year’s primary was September 18, so since Zinzow was nominated two days too early, the lower court disqualified him. However, the mid-level court ruled that the law relating to the timing of committee nominations doesn’t apply in years when the party committee members themselves are not up for election or re-election. Apparently the purpose of the law is to ensure that only newly elected party members participate in committee nominations. That purpose is not implicated in years when the committee itself is not being elected.