Niagara County State Supreme Court Justice Frank Caruso rejected a challenge to invalidate organizational certificates filed by the Women’s Equality Party. In a decision yesterday, the court found that state law provided no ability for the court to act on motions to reject the documents. With no ability to act, the court granted the State Board of Election’s motion to dismiss the action for lack of jurisdiction.
Petitioners challenged the ability of the Women’s Equality Party to file organizational certificates and to enjoin the party from nominating candidates. The party filed papers with the board that were not signed by a majority of the candidates nominated by the party for statewide office in 2014. In the papers, Governor Andrew Cuomo and Lt. Governor Kathleen Hochul signed the papers, not Attorney General Schneiderman or Comptroller Thomas DiNapoli. The court found that the state election law did not provide guidance for the court to act.
A similar challenge to the party filed in Nassau County had previously been withdrawn.
A copy of the decision in Tamburlin et al v. State Board of Elections et al, is linked here.150812 decision Niagara County