Appellate Court Keeps WEP Candidates Off Ballot In Warren County

The Appellate Division 3rd Department affirmed a lower court ruling today keeping Larry Cleveland, Claudia K. Braymer, Jennifer S. Switzer and Richard F. Garrand Jr. off the ballt as candidagtes of the Women’s Equality Party in Warren County.

The Court held “1]. A certificate of nomination issued by a new party is required to contain certain specified information, including “[a]n affidavit containing a statement by the presiding officer and secretary of the committee that they are such officers and the statements in the certificate are true” (Election Law § 6-128 [1] [g]). Here, review of the certified copies of the documents filed with the Warren County Board of Elections confirms that no affidavit was included with the certificate of nomination. Failure to include the affidavit in accordance with the statutorily prescribed content is fatal to the certificate of nomination (see Election Law § 6-128 [2], [3]; see also Matter of Alamo v Black, 51 NY2d 716, 717 [1980]). To the extent that the WEP, Gold and Joy assert in their opposition papers that the language in the certificate of nomination — which includes statements that Gold and Joy, as chair and secretary, respectively, of the WEP executed the document before a notary and that the document, with the WEP rules attached thereto, was accurate and complete — is “substantially equivalent” to the language required by Election Law § 6-128 (1) (g), we note that “there must be strict compliance with statutory commands as to matters of prescribed content” (Matter of Hutson v Bass, 54 NY2d 772, 774 [1981]; see Matter of Griffin v Torres, 131 AD3d 631, 632 [2015]).

The full decision can be read here: http://www.courts.state.ny.us/reporter/3dseries/2015/2015_07526.htm

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