Yes, the election law calendar is closed. The Mack v Joyner and Jones v Blake election cases are over.
The fat lady, i.e., the NYS Court of Appeals did not grant any motions to reargue. The cases are closed according to insurgent sources.
The Eliezer Eliot Quiñones case, however, is now in Federal Court because three 32nd SD (BX) voters allege that their voting rights were infringed upon by harmful administrative actions taken by the Commissioners of the NYC Board of Elections. Mr. Quiñones, a Bronx Democrat, filed sufficient signatures to run against incumbent firebrand Senator Ruben Diaz, Sr., was first ruled on the ballot then iff a few days later. When his legal team went to serve the objector to his petition signatures, they discovered that the objector had given a false address. His inability to serve the objector properly led the BOE to invalidate Quiñones motion to validate his petitions.
State Supreme Justice John Carter affirmed that referee’s report that ruled Quiñones off the September Primary ballot. Last week, the Appellate Division, First Department denied Quiñones’ appeal.
The Board filed its reply to Donald Dunn’s memorandum of law this morning. Dunn, now in his sophomore season as an election lawyer, represents the aggrieved voters. Dunn has won praise for his tenacity and quick grasp of the arcana of the election law. Mr. Dunn says he has not yet had a chance to review the BOE’s response.
The window for a federal court mandated reversal (ie, restoring Quiñones to the ballot) is closing quickly as ballots are being finalized for printing and distribution to absentee, military and overseas voters.
Michael Benjamin is a columnist and blogger as well as a former state legislator who represented the 79 AD, 2003-2010.