Republicans have promised to take a Manhattan Supreme Court Justice's ruling and order that restored Assemblywoman Rebecca Seawright's name to the ballot up the line to the Appellate Division for the First Department.....
Regardless of the outcome at that level, the case will very likely go to the New York State Court of Appeals almost as a matter of course under the circumstances of this case
If the App. Div. reverses the court below it will result in the NYS Courts' removing a sitting Member of the Assembly from the ballot, and >>> that is a very significant "political" intervention by the courts, which should be reviewed at least once <<<
If the App. Div. sustains the ruling and order of Justice Carol Edmead, it would likely result in a "split in the Departments" of the NYS Courts --- which would cry out for resolution by the Court of Appeals
Oddly, there has not been a lot of coverage of this case..... There was the NY Post article (See "Judge reinstates Rebecca Seawright as assembly candidate in COVID-19 ballot case by Priscilla DeGregory & Carl Campanile, 5/8/2020, NY Post/ Metro [https://nypost.com/2020/05/08/judge-reinstates-pol-seawright-as-candidate-in-covid-19-ballot-case/]). And there was another reported piece from Spectrum News (See "Upper East Side Assembly Members Win Court Challenges Over Primary Ballots" by Emily Ngo, 5/8/2020, Spectrum1/ NY1 News/ 2020 NYC Elections [https://www.ny1.com/nyc/all-boroughs/politics/2020/05/09/2020-nyc-elections-whos-running-rebecca-seawright-dan-quart-win-ballot-court-challenges]); and nothing beyond that on the internet search engines.Upper East Side Assembly Members Win Court Challenges Over Primary BallotsUpper East Side Assembly Members Win Court Challenges Over Primary BallotsUpper East Side Assembly Members Win Court Challenges Over Primary Ballots
No way this stands up on appeal. The cover sheet is not some minor detail. It tells the BOE who you are and what you are running for. It also tells BOE the petition volumes you have.
ReplyDeleteThe best outcome is not that an incumbent is removed from the ballot.
ReplyDeleteThe best outcome is that this case helps onerous eliminate election law requirements for future petitions.
Repubs would never win this seat, this year. Any Dem running a write-in campaign would swamp them. Doormen mat get elected at the Met Club. But this is still the Upper East Side.
Another win for Alexandra
ReplyDeleteDecision is legally and factually indefensible. I'm doubtful it will withstand appellate division
ReplyDelete