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Failure to Check Box on Cover Sheet Fatal to Designating Petitions

The Second Department affirmed Supreme Court’s determination that the designating petitions were properly rejected because the box on the cover sheet indicating that the required number of signatures were included was not checked:

The Supreme Court properly denied the petition and dismissed the proceeding. Although the provisions of the Election Law “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]), this matter does not involve a mere technical defect subject to cure pursuant to Election Law § 6-134(2) … . Rather, the express terms of the cover sheet drafted and submitted by the petitioners directed the Board to disregard the designating petitions as void and not accept them for filing. To hold that the designating petitions were nonetheless filed would undermine procedural safeguards against both fraud and confusion, as election officials and interested parties could not have understood the designating petitions actually to have been filed (cf. Election Law § 6-134[10]; 9 NYCRR 6215.1, 6215.6…).  Matter of Balberg v Board of Elections in the City of NY, 2013 NY Slip Op 05897, 2nd Dept, 9-18-13

 

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