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Nos. 56 & 58
medical and gubernatorial orders and lose her candidacy or appear on the ballot by risking
her life and the lives of others.
III.
As the cases have remained here, I would affirm in Seawright and reverse, albeit on
other grounds, in Hawatmeh.
A.
Of the many forms required of candidates running for office, Ms. Seawright – while
quarantined with COVID-19 symptoms – failed to submit just two pieces of paper. She
initially did not affix a cover sheet on her Democratic Party petition, and she failed to file
a certificate of acceptance within four days of the last filing day for her Working Families
Party petition. Pursuant to Election Law § 6-134 (2), the “[s]heets of a designating petition
shall be delivered to the board of elections in the manner prescribed by regulations that
shall be promulgated by the state board of elections”; the Board’s regulations are to “be no
more restrictive than is reasonably necessary for the processing of such petitions by the
board of elections.” Those regulations state that “all petitions containing 10 or more sheets
shall be accompanied by a cover sheet” (9 NYCRR 6215.1 [b]).
A designating petition contains the signatures and addresses of registered voters
who have petitioned to place a certain candidate on the ballot for a specified office, and the
date on which each voter signed the petition. Every single page of the petition bearing
signatures also states the candidate’s name and address, the office sought, and the party
designation. In addition, each page of the petition contains a sworn attestation that the
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