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Nos. 56 & 58
quarantine. The delay here was not in contravention or flagrant disregard of the purpose
and spirit of the election law but rather in accordance with legislative and executive branch
protocols established for the safety and health of the general public.
Accepting, as we must, the Appellate Division’s factual finding that the sole cause
of the delay was respondent’s illness and quarantine, and in full recognition of the impact
of the coronavirus public health crisis on New York City in particular and the legislative
purpose animating Chapter 24, the delayed filings here are not fatal defects warranting
invalidation of the designating petitions. The legislature could not have intended to deny
the right to ballot access under these circumstances. I dissent.
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