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Failure to Provide Cover Sheet Fatal to Designating Petition

In reversing Supreme Court and granting the petition to invalidate a designating petition and removing the candidate from the ballot, the Second Department determined that the failure provide a cover sheet for the petition in accordance with the Election Law and regulations was fatal to the petition:

We are mindful that the provisions of Election Law § 6-134 “shall be liberally construed, not inconsistent with substantial compliance thereto and the prevention of fraud” (Election Law § 6-134[10]; see 9 NYCRR 6215.6[a]) in order to avoid the disenfranchisement of voters. However, although certain “[c]over sheet deficiencies may be corrected by the filing of an amended cover sheet” …, a candidate may not “amend” a cover sheet which was never filed in the first place, as was the case here.

“The three-day cure provision for designating petitions (Election Law § 6-134[2]) is available for technical violations of the regulations” …. In the instant case, however, the candidate’s initial failure to file a cover sheet was not a mere technical defect subject to cure pursuant to Election Law § 6-134(2) … . To the contrary, the absence of a cover sheet, especially where, as here, the designating petition contained multiple volumes that were unbound, constituted a complete failure to comply with the requirements set forth in 9 NYCRR 6215.1, which may not be cured pursuant to Election Law § 6-134(2) and 9 NYCRR 6215.6 … . Such failure undermines procedural safeguards against both fraud and confusion … .  Matter of Armwood v McCloy, 2013 NY Slip Op 05654, 2nd Dept, 8-15-17

 

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