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Nos. 56 & 58
deadlines” (Settineri, 197 AD2d at 727 [Balletta, J. dissenting]), thereby holding that
legislative intent must be paramount when interpreting the Election Law. The Appellate
Division dissent also dismissed as speculative the argument that the proper nominating
process could have been sped up (id. at 728).
In this appeal, following the reasoning of Settineri, we must read Chapter 24 in line
with the overarching legislative intent of protecting public health above all else. As the
majority notes, the Governor issued a series of executive orders that “suspended or
modified” some of the legislature’s directives “in response to the public health crisis”
(majority op at 7). These orders evince the obvious intent to permit individuals to work
and carry out essential business even during a shelter at home order and with the restrictions
on business and public gatherings. In context and read altogether, they do not, as the
majority and respondent contend (majority op at 7-8), show an express intent, by their
omission in waiving some filing deadlines, to rigidly enforce accelerated deadlines when
an individual would have to violate the government’s many directives to stay home when
ill. Rather, the tension between the filing deadlines and the government’s public health
orders must be harmonized and resolved in favor of the government’s overall policy
choices.
Contrary to the majority’s suggestion (majority op at 8), this resolution that the
belated filings were not a “fatal defect” is not an attempt to disregard or undermine
enforcement of the Election Law, but a way to reconcile competing legislative and
governmental directives and carry out this Court’s constitutionally mandated responsibility
of interpreting the law in line with the intent of the legislature (Carr, 40 NY2d at 559). It
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