As previously reported, a New York State Supreme Court had put Mike Stern on the November 7, 2023 ballot as an independent candidate for Putnam County Highway Superintendent. He had been challenged, even though he had enough valid signatures, because a form had not arrived in the office of the Board of Elections, even though Stern had postally mailed it six days before it was due. The Supreme Court had put Stern on the ballot despite the late arrival of the form.
But on September 12, the Appellate Division, Second Division, had removed Stern because his lawsuit to get back on the ballot had not been served on the Defendants by the correct date, so he is off the ballot, even though the Appellate Division found no fault with the substance of the lower court decision. Stern v Putnam County Board of Elections, 2023-08009. Here is the Appellate decision.
Is he planning to appeal?
GO SNAIL — TO STATIST GRAVEYARD AND JOIN MONARCHY AND SLAVERY
He is not appealing. Instead he is carrying on a write-in campaign.
I think most laws are written “to be received by…”, a hard deadline.
A lesson was learned: In-person deliveries with receipts are the way to go.
The board took 6 business days to let him know his application was rejected, which is a reasonable amount of time. What’s not reasonable is that the filing deadline for the November election was over 5 months before the election! The county/state has no interest to protect by blocking candidates from ballot access this far in advance. There is no voter interest to protect (like crowded ballots/voter confusion), and there are no procedural interests either (because it doesn’t take 5 months to process applications, print ballots, and mail/receive absentee ballots).
The New York petition deadline for independent candidates is being challenged in the 2nd circuit, in a case filed by voters who supported Byron Brown, the Mayor of Buffalo who wanted to be an independent candidate.
He should have delivered it by hand.