Judge Rules that Lawsuit Against Challenger Can Continue
On Wednesday October 7th, 2009 a hearing will take place at 10:00AM at the Board of Elections to determine if the voters of Suffolk County will have the chance to vote for more than one candidate in the upcoming local elections.
Steve Kosin, a Libertarian candidate for Sheriff in Suffolk County, New York previously filed a lawsuit against the Board of Elections, asking the courts to reinstate his name to the November ballot.
Suffolk Supreme Court Judge Emily Pines ruled late last week against a motion to dismiss the case from respondent Rosemary Marchlowska. Pines ruled that a line-by-line review will take place to validate the signatures on the candidates’ petitions at the hearing on Wednesday.
Marchlowska, who filed the challenge against the Libertarian Party candidate’s petition, is a Democratic Party operative and state committee member.
The Board of Elections in Suffolk County had previously ruled that the Libertarian Party candidates for three county offices would not be on the ballot. The Board of Elections, which is dominated by partisan Democrats and Republicans, ruled in favor of an individual challenger who sought to invalidate the candidate’s petitions.
New York state petition law places tremendous burdens on Independent and Third Party candidates. The stringent requirements for nominating petitions stifle competition, and encourage bureaucratic interference. In the past, candidates have even been kicked off the ballot for little more than clerical errors.
Less than a month remains before the November election. No matter the court’s ruling, the candidates will not appear on Absentee Ballots.
The Board of Elections of Suffolk County also chose to operate in near total secrecy.
The BOE refused to answer candidates’ questions, and only provided the information they were legally required to after a Freedom of Information Act request was filed.
If Kosin is ruled off the ballot, the actions taken by the Board of Elections mean that voters will only see one candidate on the ballot in the races for District Attorney, Sheriff, and Treasurer.
The local Democrat and Republican parties have cross-endorsed one candidate for each race.
“The Free & Equal Elections Foundation is pleased that the question of candidate eligibility will be decided by the number of signatures on a petition, not by the whims of a partisan Board of Elections,” said Founder and Chair Christina Tobin. “It is a shame, however, that it takes a court order for Independent and Third Party candidates to get a fair hearing in New York state.”
The Free & Equal Elections Foundation remains committed to eliminating the onerous and archaic petitioning requirements that limit the choices of the voters of New York state.
The Free & Equal Elections Foundation is a non partisan, non-profit 501 (c)4 public policy advocacy organization dedicated to eliminating restrictive ballot access laws that target Independent and Third-Party Candidates.
Free & Equal will challenge these laws, through lobbying of state legislators, court challenges, and initiatives. Free & Equal does not endorse any candidates for office.
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