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FAILURE TO IDENTIFY A SPECIFIC VIOLATION OF THE ELECTION LAW OR PARTY RULE REQUIRED THE DISMISSAL OF THE PETITION, JUDICIAL INTERVENTION NOT WARRANTED (FOURTH DEPT).

The Fourth Department, reversing Supreme Court, determined that petitioner, who sought to have the designating petition of a candidate for town justice declared invalid, did not allege the violation of the Election Law or a party rule. Therefore petitioner was not entitled to judicial intervention:

… [P]etitioner alleges that, at a meeting in April 2017, respondent Town of Greece Republican Committee (Town Committee) endorsed him to be a candidate for the office of Town of Greece Justice, but [*2]a designating petition was prepared that named Granville in place of him, despite the fact that Granville had not been endorsed or even nominated for that office at that meeting. Petitioner alleges that the Town Committee violated its own rules and the rules of respondent Monroe County Republican Committee in failing to circulate a designating petition naming him for the office….

… Petitioner, a member of the Republican Party, “had a bona fide claim” to be the Republican Party’s candidate for the office in question and has standing to challenge the Party’s compliance with its own rules … .

… Judicial intervention is warranted only upon ” a clear showing that a party or its leaders have violated th[e] [Election Law] or the party’s own rules adopted in accordance with law, or otherwise violat[ed] the rights of party members or the electorate’ ” … . Here, petitioner failed to identify any specific provision of the Election Law or rule of the Republican Party that was allegedly violated. Matter of Nitti v Reilich, 2017 NY Slip Op 06327, Fourth Dept 8-23-17

 

ELECTION LAW (FAILURE TO IDENTIFY A SPECIFIC VIOLATION OF THE ELECTION LAW OR PARTY RULE REQUIRED THE DISMISSAL OF THE PETITION, JUDICIAL INTERVENTION NOT WARRANTED (FOURTH DEPT))/JUDICIAL INTERVENTION (ELECTION LAW, FAILURE TO IDENTIFY A SPECIFIC VIOLATION OF THE ELECTION LAW OR PARTY RULE REQUIRED THE DISMISSAL OF THE PETITION, JUDICIAL INTERVENTION NOT WARRANTED (FOURTH DEPT))

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