You are here: / / PERSONS WHO SIGNED A DESIGNATING PETITION WHICH WAS DEEMED NULL AND VOID...

PERSONS WHO SIGNED A DESIGNATING PETITION WHICH WAS DEEMED NULL AND VOID COULD VALIDLY SIGN A SUBSEQUENT OPPORTUNITY TO BALLOT PETITION (THIRD DEPT).

The Third Department, reversing the Board of Elections, determined that the persons who signed a designating petition which was deemed null and void could validly sign a subsequent opportunity to ballot petition:

In general, when a qualified voter signs a designating petition and, on a subsequent date, signs an opportunity to ballot petition, the voter’s signature on the later opportunity to ballot petition is invalid (see Election Law § 6-134 [3]…). However, where, as here, a qualified voter signs a designating petition that is subsequently invalidated or deemed “null and void” by operation of law (Election Law § 6-146 [1]), the voter is permitted to sign an opportunity to ballot petition subsequent to the invalidation of the designating petition … . “A contrary holding would deprive persons who signed a designating petition later held invalid from exercising the separate right given to them by the Election Law to request the opportunity to write in the name of a candidate of their choice” … . Matter of Stack v Harrington, 2019 NY Slip Op 04314, Third Dept 5-31-19

 

You might also like
CLAIMANT DID NOT PROVOKE HER DISCHARGE AND IS THEREFORE ENTITLED TO BENEFITS.
COUNTY COURT DID NOT HAVE AUTHORITY TO ALLOW AMENDMENT OF CONSPIRACY COUNT BY ADDING AN OVERT ACT, ISSUE HEARD ON APPEAL DESPITE LACK OF PRESERVATION AND FAILURE TO RAISE ON APPEAL.
PLAINTIFF WAS CONVICTED OF THE MURDER OF HIS FATHER AND THE ATTEMPTED MURDER OF HIS MOTHER; THE FILM ABOUT THE CRIMES DOES NOT VIOLATE PLAINTIFF’S RIGHT TO PRIVACY UNDER CIVIL RIGHTS LAW 50 AND 51 (THIRD DEPT).
PETITIONER, A NOT-FOR-PROFIT LOCAL DEVELOPMENT CORPORATION, WAS PROPERLY FOUND TO BE SO CLOSELY AFFILIATED WITH LOCAL GOVERNMENT AS TO MEET THE DEFINITION OF A “LOCAL AUTHORITY” SUBJECT TO THE REPORTING AND OVERSIGHT REQUIREMENTS OF THE STATE OF NEW YORK AUTHORITIES BUDGET OFFICE (THIRD DEPT).
Regulation Prohibiting/Restricting Smoking in New York Parks Properly Promulgated by Office of Parks, Recreation and Historic Preservation—“Boreali” Criteria Explained and Applied to the Facts in Some Depth
FOR CAUSE CHALLENGE TO JUROR SHOULD HAVE BEEN GRANTED.
Waiver of Indictment and Guilty Plea Invalid—Superior Court Information Charged a Greater Offense than that Charged in the Original Misdemeanor Information
EVEN IF PLAINTIFF BANK DID NOT SATISFY THE GOOD CAUSE STANDARD FOR AN EXTENSION OF TIME TO SERVE DEFENDANT IN THIS FORECLOSURE ACTION, PLAINTIFF WAS ENTITLED TO AN EXTENSION IN THE INTEREST OF JUSTICE PURSUANT TO CPLR 306-b (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

INDUSTRIAL CODE PROVISION WHICH REFERRED TO THE REQUIREMENT THAT A ‘DESIGNATED... THE CANDIDATE SIGNED THE SUBSCRIBING WITNESS STATEMENT WHICH INDICATED EACH...