-5-
Nos. 56 & 58
II
The Election Law provides that “[t]he failure to file any petition or certificate
relating to the designation or nomination of a candidate for party position or public office
or to the acceptance or declination of such designation or nomination within the time
prescribed by the provisions of this chapter shall be a fatal defect” (Election Law § 1-106
[2]). Applying the Election Law, we have repeatedly held that the failure to timely file
required papers in connection with a designating petition, including a cover sheet or
certificate of acceptance, is a “fatal defect” that cannot be excused (see e.g. Matter of
Plunkett v Mahoney, 76 NY2d 848, 850 [1990]; Matter of Hutson v Bass, 54 NY2d 772,
773-774 [1981]; Matter of Baker v Monahan, 42 NY2d 1074, 1075 [1977]; Matter of Carr
v New York State Bd. of Elections, 40 NY2d 556, 558 [1976]). Strict compliance with the
Election Law, we have held, “reduces the likelihood of unequal enforcement,” emphasizing
that “[t]he sanctity of the election process can be best guaranteed through uniform
application of the law” (Matter of Gross v Albany County Bd. of Elections, 3 NY3d 251,
258 [2004] [internal quotation marks omitted]). Moreover, the provisions of the Election
Law “make it crystal clear that the time limitations for filing are mandatory” and “foreclose
the judiciary from fashioning exceptions, however reasonable they might” appear to be
(Matter of Baker, 42 NY2d at 1074 [internal quotation marks omitted]). Accordingly, we
have consistently mandated strict compliance with the time limitations imposed by the
Election Law, notwithstanding a candidate’s unique or extenuating circumstances (see
-5-