Public Advocate Special Election Field Narrows Slightly, with Ballot Challenge Decisions Looming

BOE rules for ballot access are notoriously complex and candidates are often kicked off based on technicalities, inviting legal challenges that sometimes end up in court. There are 20 candidates remaining in the race after community activist Ifeoma Ike, perennial candidate Walter Iwachiw, and Helal Sheikh, a former City Council candidate, were deemed ineligible to […]

Flubbed Subpoena Keeps Fernando Cabrera on the Ballot

A Bronx judge ruled today that Councilman Fernando Cabrera could stay on the ballot in his primary challenge against State Senator Gustavo Rivera, tossing the case because Mr. Rivera’s team failed to properly serve a subpoena to a petition carrier for Mr. Cabrera who allegedly collected fraudulent signatures. Mr. Rivera’s attorneys maintained that Mr. Cabrera’s nominating […]

The Quirks of NY Election Law: Presumption of Validity and Petition Strategies – Two Landmark Cases in a Single County.

There is then a three-day window in which any interested individual (anyone affected directly by the race) may file general objections to a candidate‟s petition. This would be with regard to such items as correctness of the petition‟s coversheet and header information and whether or not a candidate who was not a member of the relevant political party […]

Understanding the Labyrinth: New York’s Ballot Access Laws

The law is very specific about how many signatures candidates must collect. They have to get 5 percent of the enrolled voters of the political party in the political unit covered by the office — council district, borough or the entire city — or the specific numbers enumerated in the state’s Election Law, whichever is less. […]