In re the Village of Herkimer Republican Party

119 Misc. 2d 801, 463 N.Y.S.2d 979, 1983 N.Y. Misc. LEXIS 3598
CourtNew York Supreme Court
DecidedMarch 4, 1983
StatusPublished
Cited by2 cases

This text of 119 Misc. 2d 801 (In re the Village of Herkimer Republican Party) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Village of Herkimer Republican Party, 119 Misc. 2d 801, 463 N.Y.S.2d 979, 1983 N.Y. Misc. LEXIS 3598 (N.Y. Super. Ct. 1983).

Opinion

OPINION OF THE COURT

John F. Lawton, J.

This matter has been brought before the court by order to show cause dated March 1, 1983 and affirmation of Norman L. Mastromoro, Esq., dated March 1, 1983 captioned “In the Matter of The Village of Herkimer Republican Party”. The aforesaid pleadings were duly served on Daniel C. Shaughnessy, Jr., Chairman of the Village of Herkimer Republican Party.

Further, by order to show cause dated March 3, 1983, a motion was brought before this court on March 4, 1983 to join the Clerk of the Village of Herkimer as a necessary party. The Clerk of the Village of Herkimer appeared on the return date through his attorney, James H. Huyck, III, Village Attorney, in response to this motion and consented to being joined as a necessary party.

The relief requested in this matter is that the court strike the names of all Republican candidates from the [802]*802ballot in the March 15, 1983 Herkimer Village election. There originally were no specified- petitioners or respondents set forth in this affirmation or order to show cause, and not even the candidates whose names are to be struck from the ballot have been made respondents or served with the pleadings in this matter. The failure by the affiant, a duly licensed attorney, to make these candidates respondents in this matter and initially the Village Clerk of the Village of Herkimer, who would be required to strike these names from the ballot, but rather to proceed against only the Village of Herkimer Republican Party appears highly irregular. It is affiant’s position that this action could be brought at any time prior or possibly even after election. Thus, rather than dismiss this matter for these irregularities, the court will, pursuant to section 16-116 of the Election Law of the State of New York, summarily determine this action.

The facts alleged and generally uncontested in this matter are that in January, 1978, the Herkimer County Republican Committee adopted a “village primary election” system for nominating candidates for village office. For the upcoming March 15, 1983 village election the Republican Party in the Village of Herkimer failed to follow the village primary election system for nominating candidates, but rather nominated candidates by the party caucus method. Pursuant to the caucus method as prescribed in section 15-108 (subd 2, par c) of the Election Law of the State of New York, a notice of a Republican Party caucus to be held January 24,1983 was placed in the Herkimer Telegram on January 13 and January 20, 1983. Further, this notice provided that a Republican Party caucus would be held January 24,1983 for the purpose of nominating candidates for the offices of Village Mayor, two Village Trustees and Village Justice. The caucus was duly held on January 24, 1983 and thereafter the nominations at the caucus were duly evidenced by filing a certificate of nomination with the village clerk on January 24, 1983, together with a list of the 49 enrolled members of the party who participated in said caucus.

The affiant contends that by proceeding by caucus method in contravention of the county committee rules, the [803]*803Republican Party of the Village of Herkimer acted in contravention of section 15-108 (subd 2, par a) of the Election Law which provides that nomination for village elections “shall be made at a party caucus or at a primary election, as the rules of the county committee, heretofore or hereafter adopted consistent with * * * this chapter shall provide”. Further, affiant contends that even in using the caucus method, the Republican Party failed to comply with the caucus requirement of section 15-108 (subd 2, par d) by failing to have a duly appointed chairman, secretary and tellers at the caucus. Due to the aforesaid violation of article 15 of the Election Law, affiant requests that the court, pursuant to its authority to review village elections as provided in section 15-138 of the Election Law, strike from the ballot the names of the Republican candidates for the March 15, 1983 village election.

Respondent Daniel C. Shaughnessy, Jr., on behalf of the Village of Herkimer Republican Committee and the Republican candidates for the March 15, 1983 village election, in his answering papers does not controvert the facts set forth by affiant, but rather contends that this proceeding is procedurally defective since it is not brought on by way of a verified petition as required by section 16-116 of the Election Law, or in the alternative, is time barréd pursuant to section 16-102 of the Election Law.

Respondent Victoria Baggetta, Village Clerk of the Village of Herkimer, contends in her answering papers that her duties with regard to the village election are set forth by subdivision 1 of section 15-124 of the Election Law and are ministerial in nature. Further, the clerk alleges that on January 25,1983 the certificates of Republican nomination of village officers, together with a list of Republican voters, were filed in the clerk’s office, and that these certificates were valid on their face and contained the party, candidates, vacancies to be filled and the signature of the Secretary of the Village of Herkimer Republican Party. It was further indicated on these certificates that these candidates were the unanimous choice of the Republican caucus. Appearing regular and valid on their face the certificates of nomination were accepted and duly filed in the clerk’s office. No objections were filed as to the certifi[804]*804cates of nomination. The village clerk further alleges that by section 15-108 (subd 7, par a) the final day for filing this certificate of nomination is January 27,1983, and that the time for challenging a certificate of nomination is within 10 days thereafter, which period ended on February 7, 1983. Subsequent to February 7,1983, no challenge having been commenced, the village clerk proceeded to take all steps to conduct the March 15,1983 election, including the establishment of polling places and publishing all required notices. The village clerk contends that based on the above facts and subdivision 2 of section 16-106 of the Election Law, this proceeding should be dismissed for failure to commence a timely special proceeding to challenge these certificates of nomination.

The court agrees with respondents’ contention that this matter is time barred. The Election Law of the State of New York has provided the manner and method for both challenging and conducting the election and nominations of candidates for public office in the State of New York. This procedure sets forth stringent time frames which allow an opportunity to object and appropriate and timely review by the court of the State of New York of election questions while preventing disenfranchisement of voters or costly delays or interruptions of the election process. Regarding objections to the nomination of candidates, section 16-102 of the Election Law provides the time frame and method by which the designation and nomination of a candidate for public office may be challenged:

“1.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Korman v. New York State Board of Elections
137 A.D.3d 1474 (Appellate Division of the Supreme Court of New York, 2016)
Scaringe v. Ackerman
119 A.D.2d 327 (Appellate Division of the Supreme Court of New York, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
119 Misc. 2d 801, 463 N.Y.S.2d 979, 1983 N.Y. Misc. LEXIS 3598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-village-of-herkimer-republican-party-nysupct-1983.