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Nos. 56 & 58
on March 26 was a “fatal defect” contravenes the unmistakably clear language of Election
Law § 1-106 (1). Ms. Hawatmeh timely filed her certificate of acceptance.
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What is gained by retaining these cases for merits decisions, reversing Seawright
and affirming Hawatmeh? No fraud is avoided, no prejudice to an opponent is ameliorated,
no voter confusion is avoided. No departmental split having any import is resolved.
Instead, the majority applies what it calls a strict construction of the Election Law to
remove Ms. Seawright from the ballot, eschewing the legislature’s command to reject
hypertechnical disqualifications of candidates and refusing to take any account of the
effects of the pandemic on her, the election or New York City. Yet, to needlessly affirm
Ms. Hawatmeh’s removal from the ballot, the majority disregards the plain language of the
Election Law, which unmistakably deems Ms. Hawatmeh’s filing timely. The real losers
here are not Ms. Seawright and Ms. Hawatmeh, but the voters, our democracy, and all those
who have been struggling to adapt normal practices to abnormal times.
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For No. 56: Order reversed, without costs, petitions by Rebecca Seawright to validate her
designating petitions denied and petitions by Louis Puliafito to invalidate Seawright’s
designating petitions granted. Opinion Per Curiam. Chief Judge DiFiore and Judges
Stein, Fahey, Garcia and Feinman concur. Judge Rivera dissents in an opinion, in which
Judge Wilson concurs in a separate dissenting opinion.
For No. 58: Order affirmed, without costs. Opinion Per Curiam. Chief Judge DiFiore and
Judges Stein, Fahey, Garcia and Feinman concur. Judge Rivera dissents in an opinion.
Judge Wilson dissents in a separate dissenting opinion.
Decided May 21, 2020
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