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