The Court of Appeals reversed the order of the Appellate Division affirming the judgment of Supreme Court directing disclosure of electronic copies of ballots stored by Essex County voting machines in the November 2015 general election, holding that N.Y. Elec. Law 3-222 protects disclosure of ballot copies during the relevant time frame. In December 2015, Petitioner requested the electronic ballot copies preserved by the Essex County Board of Elections (County Board). The County Attorney determined that section 3-222(2), which prohibits examination of "voted ballots" absent a court order or legislative committee direction during the first two years following an election, barred examination of the "voted ballots." In ordering immediate release of the ballot images Supreme Court concluded that section 3-222 did not protect the copies from disclosure and that the two-year limitation on examination of voted ballots outlined in section 3-222(2) did not encompass electronic ballot copies. The Appellate Division affirmed. The Court of Appeals reversed, holding that section 3-222(2) prevented the County Board from granting Petitioner's request for disclosure of electronic copies of those ballots. View "Kosmider v. Whitney" on Justia Law
Steven Glickman, a candidate for the office of New York State Senator, filed a petition seeking an order validating designating petitions naming him as a candidate in the September 13, 2016 Primary Election. Three objectors filed a petition seeking an order invalidating the designating petitions. Supreme Court invalidated the petitions, concluding that Glickman did not meet New York’s five-year constitutional residency requirement as a matter of law. The Appellate Division reversed and validated the petitions. The Court of Appeals reversed, holding that Glickman could not claim New York residency for the past five years as required by the New York Constitution, and therefore, Supreme Court properly invalidated the designating petitions on that basis. View "Glickman v. Laffin" on Justia Law
The Suffolk County Legislature imposed term limits on county officials, including the district attorney. Respondent, who was elected district attorney in 2001, was designated as a candidate in the upcoming primary election even though he would have served more than the term limit if elected. Petitioners, registered voters and a candidate for district attorney, commenced this special proceeding seeking to invalidate the designating petitions. Supreme Court denied the petition. The Appellate Division affirmed, concluding that the authority to enact a restriction on the number of consecutive years a person can serve as district attorney rests with the State rather than the County. The Court of Appeals affirmed the order finding the designating petitions valid, holding that the County is without the power to regulate the number of terms the district attorney may serve, and therefore, Respondent was eligible to hold the office he sought. View "Hoerger v. Spota" on Justia Law
Petitioners commenced this special proceeding seeking a declaration that Chapter 16 of Laws of 2012, insofar as it expanded the size of the New York State Senate from 62 to 63 districts, was unconstitutional. Specifically, petitioners argued that the Legislature's failure to apply a consistent method of calculating the number of Senate seats due to population growth throughout the State was arbitrary and violated article III, section 4 of the New York State Constitution. The court found that petitioners have failed to satisfy their heavy burden of establishing the unconstitutionality of this legislation and therefore affirmed. View "Cohen v Cuomo" on Justia Law
Plaintiffs commenced this hybrid declaratory judgment action/article 78 proceeding, seeking a declaration that the implementation of Local Law No. 3-2011 in relation to the November 8, 2011 general election was null and void for lack of compliance with the Nassau County Charter. At issue was whether the metes and bounds descriptions in Local Law No. 3-2011 applied to the 2011 general election or whether they were the first part of a three-step process to take effect in 2013. The court held that Supreme Court properly declared that Local Law No. 3-2011 was in accord with Nassau County Charter 112, but that its implementation was null and void in connection with the November 8, 2011 general election for lack of compliance with Nassau County Charter 113 and 114. Accordingly, the order of the Appellate Division, insofar as appealed from, should be reversed, without costs, and the order and judgment of Supreme Court reinstated. View "Yatauro, et al. v. Mangano, et al." on Justia Law
Posted in: Civil Rights, Constitutional Law, Election Law, Government & Administrative Law, New York Court of Appeals
Respondent, a resident of Southold, but not a resident of Fishers Island, filed with the Suffolk County Board of Elections a petition designating himself a candidate in the September 2009 primary election. Petitioners filed objections to the designated petition, alleging that it was invalid because respondent did not meet a residency requirement. At issue was the constitutionality of the residency requirement for the elected position of town justice/town board member, Fishers Island, Town of Southold, Suffolk County. The court held that the residency requirement did not violate the equal protection clause and that the residency requirement passed the rational basis test where the residency requirement imposed only reasonable, nondiscriminatory restrictions upon the right to vote; where any Southold resident who would otherwise be eligible to run for political office could run for the Fishers Island seat; where the residency requirement affected the right to vote, but only in an incidental way; and where the legislative history of the residency requirement articulated several rational bases for the residency requirement and retaining the dual town justice/town board member seat.