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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.
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