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INCONSEQUENTIAL VIOLATIONS OF THE ELECTION LAW DID NOT INVALIDATE THE DESIGNATING PETITION (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the inclusion of extraneous district numbers under the names of the candidates did not invalidate the designating petition:

Election Law § 6-134, setting forth rules for designating petitions, states that its provisions “shall be liberally construed, not inconsistent with substantial compliance thereto and the prevention of fraud” … . Further, an error in the required information for a designating petition is not grounds for invalidation when the designating petition is sufficiently informative to preclude confusion or deception of the signers or the BOE [NYC Board of Elections] … . Thus, when an innocent and inconsequential violation of a technical rule of the Election Law pertaining to designating petitions is involved, by which a candidate has nothing to gain, and the violation creates no difficulty in reviewing the designating petition for its validity and accuracy and presents no potential for fraud or prejudice, said violation must be deemed inconsequential and the designating petition should be said to have complied with the requirements of the Election Law … . Applying this standard to the circumstances presented herein, we find that the extraneous inclusion in the designating petition pages of election district numbers is inconsequential … . Matter of Wagner v Elasser, 2021 NY Slip Op 03135, Second Dept 5-12-21

 

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