JUSTICES RULE IN CHALLENGED BALLOT CASE

Carole Osterink

ccSCOOP Editor

12-18-09 - 6:30 p.m. - As anticipated, the panel of five Appellate Division justices ruled today in the case of the challenged absentee ballots from the Town of Taghkanic. They did not dismiss the case, noting that “petitioners have set forth sufficient allegations to avoid dismissal,” but made it clear in their decision that challenges based on voters’ dual residency must be made when absentee ballots are issued not after the ballots have been cast, and any such challenge must include the voters as parties in the action. The effect of the decision is that only challenges to ballots that do not relate to residency—signatures on ballot applications and envelopes that do not match specimen signatures on the voters’ registration forms and inadequate or incorrect information on ballot applications—can be considered when determining if the outstanding ballots are to be counted or invalidated.  

Significantly, the decision cites Willkie vs. the Delaware County Board of Elections, stating “the law regarding a voter choosing among residences for election purposes is interpreted broadly.” The Willkie decision, handed down by the same court in October 2008, concluded that what mattered in establishing what was a legitimate residence for voting purpose was a homeowner’s “intent” and connection to a place.

Click here for complete text of the decision.

Click here for statement released by Columbia County Democratic Committee.

Previous ccSCOOP articles on the challenged ballot issue:

"Challenged Ballot Case Heard in Appellate Court" - December 17, 2009

"Nine More Votes Counted for Taghkanic" - December 9, 2009

"The Ballot Battle Continues" - December 5, 2009

"The Issue Is Residency" - December 3, 2009

“Déjà Vu All Over Again” – November 30, 2009

"A Long Day at the BOE" - November 18, 2009