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Nos. 56 & 58
health emergency,” the Court determined that “the belated filing of these specific
documents is not a fatal defect” (id. at *1).
Hawatmeh
Ola Hawatmeh is a prospective Conservative Party candidate for the office of
Member of the United States House of Representatives for the 19th Congressional District.
From March 14 to March 24, 2020, Hawatmeh underwent prescheduled, out-of-state
cancer treatment. On March 20, a petition was filed to designate Hawatmeh a Conservative
Party candidate in the 19th Congressional District primary. Because she was not a member
of the Conservative Party, Hawatmeh was required to file a certificate of acceptance
(Election Law § 6-146 [1]). She failed to file the certificate by the recently established
March 24 deadline (see Election Law § 6-158 [2]; L 2020, ch 24, § 1), and the State Board
determined that Hawatmeh’s designating petition was invalid because the certificate of
acceptance was not timely filed.
Hawatmeh subsequently commenced a proceeding to validate the designating
petition.
Supreme Court dismissed the petition, agreeing with the State Board that
Hawatmeh’s certificate of acceptance was not timely filed. The Appellate Division, Third
Department, affirmed, with one Justice dissenting, holding that the Court had no discretion
to excuse the late filing (Matter of Hawatmeh, 2020 NY Slip Op 02907, at *2). Although
the Court was “sympathetic to the difficult situation that [Hawatmeh] was placed in due to
the pandemic,” it determined that “the equitable remedy that she seeks is unavailable” (id.).
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