New York Democrat Removed from Primary Ballot Because His Petition Listed “Legislature” Instead of “Legislator”

James Coll has been removed from the New York September 12 Democratic primary ballot because on his petition, he filled in the blank for the office he is running for as “county legislature” instead of “county legislator”.  See this story.  He is appealing.  But the appeals court hearing is only one day before the primary.  He is running in Nassau County.


Comments

New York Democrat Removed from Primary Ballot Because His Petition Listed “Legislature” Instead of “Legislator” — 2 Comments

  1. Election law hacks LOVE using their POWER to wipe out candidates.

    Is *substantial compliance* still around in any of the now TYRANT gerrymander regimes ???

  2. I found a copy of the court order on the Coll campaign facebook page. It’s in the form of photos, so you’ll have to click and read.

    https://www.facebook.com/JamesColl4U/photos/pcb.1594121343982887/1594118693983152/?type=3&theater

    https://www.facebook.com/JamesColl4U/photos/pcb.1594121343982887/1594118700649818/?type=3&theater

    https://www.facebook.com/JamesColl4U/photos/pcb.1594121343982887/1594118717316483/?type=3&theater

    The petitioner-objectors filed two grounds: (1) respondent listed “15 District Nassau County Legislature” as the elective office and those words do not adequately describe what office respondent is running for and (2) respondent’s designating petitions were permeated by fraud.

    The court ruled for the respondent on charge (2), finding that defects in the designating petitions were not sufficient to establish permeation of fraud.

    But then the court ruled for the objectors on charge (1).

    The Honorable Robert G. Bogle wrote:

    “Contrary to the candidate-respondent’s arguments, this court finds that the absence of any description of a public office is clearly insufficient information to satisfy the statutory requirement … This is particularly the situation in the County of Nassau, where overlapping “District” representation is almost overwhelming. It is not unusual that a Nassau County voter over a period of time will vote or sign a designating petition for candidates for school districts, assembly districts, fire districts, library districts, sanitation districts, town councilmatic districts or even police districts. The number of “districts” is numerous and overlap the 15th Legislative District, thus resulting in confusion unless the elected position is clearly and unequivocally set forth.”

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