Niagara County State Supreme Court Justice Frank Caruso has ruled that none of the three parties claiming leadership of the Women's Equality Party rise above each other and that none have superior rights over the others.
In DeLabio v Allen et al, Judge Caruso has enjoined all three parties from certifying candidates to run for office until a majority organizes to file properly.
Three competing factions were in court: one organized by voters affiliated with Governor Cuomo, one with former Democratic State Senator Cecilia Tkaczyk, and a third organized by GOP-affiliated voters.
The Court used Election Law §6-128(4):
"If there is any question or conflict relating to the rules or the rule-making body, rules which a majority of the candidates of such party who were nominated by petition for offices voted for by all the voters of the state at the general election at which the independent body became a party certify were duly adopted by a properly authorized body shall be deemed to be the rules. The certificate of such candidates describing the rule-making body shall be controlling."
"Under §6-128{4) it would seem this situation could easily be resolved by looking at which group has a majority of candidates from the 2014 election certifying their rules, but none of the groups before the Court have such a majority."
CLICK HERE to read the eight page (PDF) decision.
UPDATE
The Women's Equality Party faction organized by supporters of Governor Cuomo plans to appeal this ruling invalidating all three group's papers, but it’s unclear if the appeals process will move quickly enough to allow the 400-some-odd candidates seeking the WEP to run on it this November General Election.
NYC Wins When Everyone Can Vote! Michael H. Drucker
No comments:
Post a Comment