On January 7, a New York State Supreme Court ruled in favor of proponents of a local initiative, in Saratoga Citizens, Inc. v Franck, 03368/2010, Saratoga County. One of the issues was the requirement that petition sheets be fastened together. The proponents testified that when they had submitted the petition sheets, the sheets were fastened together with a binder clip (a spring-loaded clip). The City Clerk testified that the sheets had not been fastened together, but that he had put the binder clip on the sheets. The court ruled that (a) even if the sheets had not been fastened together, the proponents were entitled to “cure” that defect; (b) in any event, even if it were true that it was the City Clerk, and not the proponents, who had fastened the sheets together, the City Clerk’s action itself meant that the sheets were fastened together and that requirement was satisfied.
New York state generally doesn’t have the initiative process, but the local initiative process does exist for citizens who want to revise a charter. This initiative was to change the city of Saratoga Springs from a commission form of government to a city manager form of government. See this story. These local initiatives need the signatures of 10% of the registered voters, initially. After the submission of the 10% petition, the city or county may or may not place the measure on the ballot. If the city or county refuses, proponents are free to then submit a second petition signed by another 5% of the voters, and then the issue must be put on the ballot.
How many incumbent bureaucrats are NOT Enemies of the People ???
— even with any EQUAL election laws ???
Where are those video camsin when dealing with ANY bureaucrats regarding any legal subject ???
P.R. and App.V.
I read in the papers about a case maybe twenty years ago in a neighboring county in which all the petition signatures of a candidate for public office were declared invalid, by a judge, because they were held together by paper clips, not staples. The law uses the term “fastened” and if a politically motivated judge wants to reject someone’s candidacy, apparently they can. This ruling is at least helpful in that respect.
Are the petition sheets UN-fastened by the bureaucrats to check for valid signatures ???
One more MORON election law case — in this New Age of governments being the ENEMIES of the People — in all sorts of Democracy related elections ???
New York elections officials don’t check signatures for validity (except to make sure there are enough signatures turned in to match the minimum number required). But presumably the people who challenge petitions undo the fastening.
ALL of the petition sheets have to be stapled together with a mile thick staple ???
or merely tens or hundreds of sheets at a time ???
NO file folders possible for giving the petitions to the bureaucrats ???
This kind of stuff is pre-school NUTS — par for the course in EVIL rotted NY with its EVIL rotted gerrymander MONSTERS.