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-4- Nos. 56 & 58 such party or independent body other than that of the party of which [they are] an enrolled member, otherwise such designation or nomination shall be null and void.” Election Law § 6-158 (2) provides that such “certificate of acceptance or declination of a designation shall be filed not later than the fourth day after the last day to file such designation.” Under Election Law § 1-106 (2), “[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.” Although this Court has previously stated that failure to file a cover sheet within the timeframes prescribed by Election Law § 1-106 constitutes a fatal defect (Hutson v Bass, 54 NY2d 772, 774 [1981]), the statute makes no mention of a cover sheet. Indeed, the New York City Board of Elections represented below that the cover sheet “is necessary for administrative convenience” (2020 NY Slip Op 02900, *2 [1st Dept May 14, 2020]). II. On March 19, 2020, the petitioner, a registered Democratic Party member and incumbent Democrat, filed two petitions respectively designating her a candidate for the office of Member of the Assembly for the 76th Assembly District on the Democratic Party and Working Families Party primary ballots. Under the aforementioned statutory provisions and regulations, petitioner had to file a cover sheet by March 20, 2020 because her designating petition consisted of two volumes, each longer than 10 pages. Petitioner -4-

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Seawright v. Board of Elections & In re Hawatmeh v. State Board of Elections

Judgment

Question Presented: Whether late filings during the COVID-9 pandemic constitute unique circumstances that would permit remedy of the fatal defect when otherwise not provide in law.

Alleged Acts: On March 19, 2020 Seawright filed a petition for candidacy for the 76th Assembly District on the Democratic Party primary ballot. The petition itself consisted of more than ten pages and a coversheet was required for both. Seawright failed to file the coversheet by the March 20th deadline. Similarly, on March 19, 2020 Seawright filed a petition for the exact same office under the Working Families Party. This petition required a certificate accepting the designation because Seawright did not belong to that political party. Seawright failed to meet the march 24th deadline for this filing. The City Board invalidated both petitions based on the failure to file the required documents. On March 20, 2020 Hawatmeh filed a petition as a Conservative Party Member for the 19th Congressional District. From March 20-March 24, 2020 Hawatmeh was out of town for a prescheduled cancer treatment. Hawatmeh was not a member of the Conservative Party and was accordingly required to file a certificate accepting the designation. Hawatmeh failed to file by the March 24th deadline and the State Board designated the petition invalid.

Procedural history: The First Appellate Division determined that the COVID-9 pandemic presented unique circumstance and that the late filing of a cover sheet and certificate of acceptance was not a constitute fatal defect. However, the Third Appellate Division reached the opposite verdict in In re Hawatmeh v. New York State Board of Elections.

Summary: New York’s Electoral Code requires that any failure to file “shall be a fatal defect.” The court mandates often upheld these strict deadlines, despite the circumstances of the potential candidate. The court stated that COVID-19 has impacted many candidates and although many legislative directives have been relaxed, the candidates must still timely file. The court state that the legislature must be the party to create exception to the law, should it need them, not the judicial system. Further, the cover sheets and firm could be submitted by an agent, so even if Seawright and Hawatmeh were unable, the forms could be filed by members of the campaigns. Alternatively, Executive Order 202.7 permitted audio-visual technology or mailed to the Board of Elections. More than 1,000 petitions were timely filed, many of whom experienced the same of similar circumstances.

Conclusion: The Court of Appeals reversed Seawright and affirmed Hawatmeh.

Legal Issue(s)

Candidate Registration
Health Concerns & Election Administration

Applicable Law(s): NYCRR 6215.1 [b]&[e}

Region: Americas

Country: United States of America

Language of Decision

English

Court: Appellate Court

Election Type: General

Date of decision: May 21, 2020

Geolocation

Latitude: 40.73592033063037

Longitude: -73.99396234616334

: Geolocation

Primary Documents

Seawright v. Board of Elections.pdf
English
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Election Judgments - IFES

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Seawright v. Board of Elections & In re Hawatmeh v. State Board of Elections

Primary Documents

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