Opinion

Winn v. Washington County Board of Elections

  • 196 A.D.2d 674
  • 601 N.Y.S.2d 507
  • 1993 N.Y. App. Div. LEXIS 8180
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Aug 20, 1993
Status
Published
Cited by
2 cases
Authority
More cited than 53.6%

The opinion

Per Curiam.

Appeal from an order of the Supreme Court (Viscardi, J.), entered August 16, 1993 in Washington County, which granted petitioners’ application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the designating petition naming respondent Kelly S. McKeighan as the Democratic Party candidate for the office of Washington County District Attorney in the September 14, 1993 primary election.

We agree with Supreme Court that the designating petition of respondent Kelly S. McKeighan must be declared invalid due to McKeighan’s failure to properly state his place of residence on each page of the petition (see, Election Law § 6-132 [1]). We disagree, however, with Supreme’s Court conclusion that it was without jurisdiction to provide for an opportunity to ballot in this case. Invoking our power under Election Law § 16-100, we deem this an appropriate case to provide registered voters of the Democratic Party with an opportunity to ballot for the office of District Attorney (see, Matter of Brown v Ulster County Bd. of Elections, 48 NY2d 614 ; Matter of Hunting v Power, 20 NY2d 680 ; cf., Matter of Harden v Board of Elections, 74 NY2d 796 ).

Weiss, P. J., Yesawich Jr., Crew III and Casey, JJ., concur. Ordered that the order is modified, on the facts, without costs, by directing that the Washington County Board of Elections provide registered voters of the Democratic Party with an opportunity to ballot for the office of Washington County District Attorney at the September 14, 1993 primary election.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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