Staber v. Fidler

110 A.D.2d 38, 493 N.Y.S.2d 161, 1985 N.Y. App. Div. LEXIS 49306
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 21, 1985
StatusPublished
Cited by11 cases

This text of 110 A.D.2d 38 (Staber v. Fidler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Staber v. Fidler, 110 A.D.2d 38, 493 N.Y.S.2d 161, 1985 N.Y. App. Div. LEXIS 49306 (N.Y. Ct. App. 1985).

Opinion

OPINION OF THE COURT

Per Curiam.

Each of these three matters presents the issue of whether miniscule inaccuracies in the numerical statement contained in the cover sheet of a designating petition automatically requires the invalidation of the petition. The objectors on these appeals rely principally on the case of Matter of Hargett v Jefferson (63 NY2d 696), decided last year, in which the respective cover [39]*39sheets stated that the designating petitions contained 5,074 and 3,325 signatures, respectively, while the actual numbers were 3,831 and 2,083, respectively, resulting in overstatements of 1,243 and 1,242 signatures, or deviations of 32.45 and 59.63%. In a brief memorandum decision in that case, the Court of Appeals declared the designating petitions invalid because the cover sheet requirements of Election Law § 6-134 (2) were not “strictly complied with” (Matter of Hargett v Jefferson, supra, at p 698). Seizing upon the words “strictly complied with”, this year numerous objectors seek to invalidate designating petitions in which the most minor inadvertances have resulted in miniscule overstatements or understatements of the number of signatures stated on the cover sheets of the designating petitions. Thus, in the instant matters, the designating petition of Lewis A. Fidler contains either 4,659 or 4,660 signatures, but the cover sheet lists 4,669 signatures, an overstatement of 9 or 10 signatures representing twenty-one one-hundreths of one per cent (.0021); the designating petition of Nydia M. Velazquez contains 2,420 signatures (after Special Term noted that four signatures were invalid), while the cover sheet lists 2,424 signatures, an overstatement of four signatures representing seventeen onehundreths of one per cent (.0017); and the designating petition of Susan D. Alter contains 4,643 signatures, while the cover sheet lists 4,640 signatures, an understatement of three signatures representing six one-hundreths of one per cent (.0006).

We believe that the determination in Matter of Hargett v Jefferson (supra) has been misconstrued by those who rely upon it to attack designating petitions where the overstatement or understatement of the numbers of signatures is extremely minor. Nothing in Hargett indicates to us that the long-standing doctrine of de minimis non curat lex has no application to the technical requirements of the Election Law. Under the de minimis doctrine “the law does not concern itself with trifles” (see, 1 Am Jur 2d, Actions, § 67); “[t]he law does not care for, or take notice of, very small or trifling matters” (Black’s Law Dictionary 388 [5th ed]).

When dealing with the technical requirements of a designating petition — the intention of the Legislature obviously being the avoidance of fraud, abuse or irregularities — an error so insignificant in proportion as to be totally inconsequential should not be the basis for the elimination of the right to vie for public office. We cannot agree that the phrase “strict compliance”, when used by the Court of Appeals as it relates to the technical provisions relating to cover sheets of designating petitions, mandates that the slightest deviation from 100% accuracy [40]*40will result in the disenfranchisement of large numbers of voters and the destruction of candidacies. Such a reading constitutes a distortion of what the Court of Appeals declared in Hargett (supra) — a distortion which will create great mischief to and wreak havoc upon the electoral system in this State.

To construe Hargett (supra) as the instant objectors do would mean that the higher office and thus the more signatures required by statute, the greater the likelihood that some inconsequential and insignificant error will assume monumental proportions. The prospective candidate becomes more vulnerable to this kind of attack as the numbers of signatures in his or her designating petition swell. This is so because of the obvious fact that the potential for purely arithmetical error of which we speak increases as the number of signatures increases. Thus, the prospective candidate who gathers a large number of valid signatures, and should therefore be on the ballot, is exposed to having his or her designating petition rejected by the courts by virtue of a purely innocent and insignificant human error which has no relationship to the objectives sought to be attained by the Election Law. Furthermore, the objectors’ construction of Hargett places the fate of every candidacy in the hands of subscribing witnesses, particularly with respect to the manner in which a witness totals the number of signatures on each sheet. Thus, for example, in the Velazquez matter, subscribing witnesses of several sheets counted signatures through which a line was drawn or which were obliterated. Under the construction of Hargett proffered by the objectors, the judgment of the subscribing witnesses to count these signatures may be fatal to a candidacy, for if such signatures are subsequently ruled not to be signatures, as in the Velazquez matter, the total number of signatures stated on the cover sheet will be incorrect.

Moreover, the person doing the addition for the cover sheet is placed in the position of accepting or rejecting for arithmetical purposes a subscribing witness statement that the signature was, indeed, a correct signature. Again, according to the objectors’ reading of Hargett (supra), an error in judgment by the person adding the totals for the cover sheet as to even one signature could disenfranchise all the supporters of a candidate for Governor, Senator, or the many other offices upon which our government rests.

It is apparent, therefore, that strict compliance with the technical requirements of Election Law § 6-134 (2) does not preclude application of the de minimis doctrine. In our view, the Court of Appeals did not intend to preclude application of that doctrine in matters such as those before us.

[41]*41With this in mind, we now proceed to a further analysis of the matters before us.

MATTER OF STABER V FIDLER

Lewis A. Fidler filed a designating petition containing either 4,659 or 4,660 signatures for the Democratic nomination for the public office of Member of the City Council from the 25th Councilmanic District in Brooklyn. However, the cover sheets of the petition indicated that the total number of signatures in the petition was 4,669. Thus, there is an overstatement of either 9 or 10 signatures on the cover sheets, a percentage deviation of, at most, twenty-one hundreths of one per cent (.0021). It is undisputed that differences between the number of signatures attested to by the subscribing witnesses of several designating petition sheets and the actual number of signatures on those sheets caused the overstatement on the cover sheets. It is further undisputed that Fidler otherwise has a sufficient number of valid signatures,

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

Related

Willis v. Genting N.Y. LLC
2024 NY Slip Op 50259(U) (New York Supreme Court, Kings County, 2024)
James v. Westchester County Board of Elections
53 Misc. 3d 423 (New York Supreme Court, 2016)
Rancourt v. Kennedy
87 A.D.3d 654 (Appellate Division of the Supreme Court of New York, 2011)
Rancourt v. Magill
87 A.D.3d 656 (Appellate Division of the Supreme Court of New York, 2011)
Sinon v. Westchester County Board of Elections
29 Misc. 3d 496 (New York Supreme Court, 2010)
Farrell v. Sunderland
173 Misc. 2d 787 (New York Supreme Court, 1997)
Bland v. Board of Elections
112 A.D.2d 1053 (Appellate Division of the Supreme Court of New York, 1985)
Comstock v. Wolf
112 A.D.2d 1061 (Appellate Division of the Supreme Court of New York, 1985)
Ruggiero v. Molinari
112 A.D.2d 1071 (Appellate Division of the Supreme Court of New York, 1985)
Fox v. Westchester County Board of Elections
112 A.D.2d 1063 (Appellate Division of the Supreme Court of New York, 1985)
Fromson v. Lefever
112 A.D.2d 1064 (Appellate Division of the Supreme Court of New York, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
110 A.D.2d 38, 493 N.Y.S.2d 161, 1985 N.Y. App. Div. LEXIS 49306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staber-v-fidler-nyappdiv-1985.