-2- Nos. 56 & 58 COVID-19 cases in New York. Petitioner became ill with COVID-19 symptoms and entered quarantine in her home in New York City, in accordance with public health directives. Although she timely filed her designating petitions under the truncated filing period enacted by the State legislature in response to the coronavirus pandemic, she filed her cover sheet and certificate of acceptance after the new deadline, at the end of her quarantine and within the former deadline, which expired the following week. The Appellate Division held that the delayed filing of these additional documents was not a fatal defect requiring invalidation of her timely filed designating petitions. I agree and would affirm because the sole reason for the belated filing was petitioner’s illness and mandatory quarantine due to COVID-19. Petitioner’s conduct did not involve fraud or result in prejudice. Instead, petitioner quite rightly acted in compliance with governmental guidance and in furtherance of recent legislation intended to protect the public. On this appeal, our choice is clear: punish petitioner for doing what the legislature, Governor and public health experts declared was necessary to protect herself and others, or reward what would have been the selfish act of disregarding the public health by exposing others to a life-threatening virus, so that she could file two sheets of paper by a deadline intended to reduce, rather than increase, candidate interaction with voters. I find no logic in the majority’s application of the law to invalidate her designating petitions under the unique circumstances of this case. I. -2-

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