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FAILURE TO INCLUDE YEAR IN THE DATES OF THE SIGNATURES REQUIRED INVALIDATION OF THE DESIGNATING PETITION.

The Second Department, over a dissent, determined strict compliance with the Election Law required that 29 signatures on a designating petition be invalidated. The dates opposite the signatures included the day and month but not the year:

Two statutory provisions are directly relevant to the disposition of this appeal. First, Election Law § 6-130 provides that “[t]he sheets of a designating petition must set forth in every instance the name of the signer, his or her residence address, town or city (except in the city of New York, the county), and the date when the signature is affixed.” Second, Election Law § 6-132(1) requires that the “day and year” be “placed opposite” the signature of each signer on a designating petition (Election Law § 6-132[1]). * * *

The requirement that the date—the “day and year”—accompany those signatures is a matter of prescribed content, not form … . “While substantial compliance is acceptable as to details of form, there must be strict compliance with statutory commands as to matters of prescribed content” … . Matter of Avella v Johnson, 2016 NY Slip Op 06141, 2nd Dept 9-26-16

 

ELECTION LAW (FAILURE TO INCLUDE YEAR IN THE DATES OF THE SIGNATURES REQUIRED INVALIDATION OF THE DESIGNATING PETITION)/DESIGNATING PETITIONS (ELECTION LAW, FAILURE TO INCLUDE YEAR IN THE DATES OF THE SIGNATURES REQUIRED INVALIDATION)

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