Court Rules in Favor of Hayon’s Republican Candidacy for the NYC Council Race in the 44th Council District

Posted on 15 August 2013 by Community Voice NY

On June 12, 2013 the Hayon Campaign filed petitions for placement of Joseph Hayon on the Republican Party Ballot for the November 2013 NYC Council elections in the 44th Council District. The number of petitions filed was well over the minimum requirement of 450.

Much to the surprise of all, the campaign received a Notice to Cure from the NYC Board of Elections stating that the petition cover sheet had the wrong zip-code, which could be a fatal defect if left un-cured.  A close inspection of the mailed documents indicated that page one of the notice was re-stapled to a different candidate’s page two, evidencing miscommunication, by error or design, as the zip code on the petition cover sheet was correct. Nevertheless, the Hayon Campaign submitted a “corrected” petition cover sheet on June 16th curing the noted defect.

Three days later the Board of Elections mailed the Hayon Campaign a Board Determination Letter that Hayon will not appear on the ballot as the number of volumes in the petitions did not match the number of volumes on the petition cover sheet, a deficiency which was never communicated to the designated contact person at the Hayon Campaign, as required by law.

The Campaign filed court papers immediately on July 22, 2013 petitioning the court to reverse the determination of the Board of Elections.  Invalidating the Hayon candidacy also invalidates the challenge to the Greenfield candidacy on the Independence Party.

Because the NYC Board of Elections did not show up on the return date, the court had to adjourn twice, however, on August 8, 2013 Judge David Schmidt ruled in favor of Hayon’s placement on the Republican ballot for the November 2013 elections, and enabling the challenge to the Greenfield Independence Party candidacy to continue in the NYS Appellate Court.

Stay tuned.

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