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1
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OPINION
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EXTRACTED KEY WORDS
ELECTION LAW RESIDENT APPELLANTS DESIGNATING PETITIONS RESPONDENTS VOTER MEMORANDUM COUNCIL DISTRICTS COURT QUALIFIED VOTER SUPRA NOMINATING PROCESS JUDGE RONALD DUKES PUBLICATION APPELLATE DIVISION COSTS PROCEEDING PARTY CANDIDATES CITY VIOLATION UNITED STATES AD2D POLITICAL SUBDIVISION CHALLENGING LERMAN INTERNAL QUOTATION MARKS |
3 No. 176
In the Matter of Robin L. LaBrake et al.,
Appellants,
v.
Ronald J. Dukes et al.,
Respondents.
_________________________________________________________________
2001 NY Int. 104
August 30, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Thomas J. Spargo, for appellants.
Patrick T. Morphy, for respondents.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be affirmed, without costs.
Appellants brought a proceeding pursuant to Election Law § 16-102
to declare invalid the designating petitions naming respondents Ronald
J. Dukes and Theresa Franke as the Democratic Party candidates for the
office of Member of the Troy City Council from the Second and Sixth
Council Districts, respectively, in the September 11, 2001 primary
election. Appellants asserted that, in violation of Election Law
6- 132(2), numerous signatures were witnessed by subscribing witnesses
who resided outside the Second and Sixth Council Districts.
Respondents interposed the affirmative defense that the residency
requirement violated the First Amendment of the United States
Constitution. Supreme Court agreed and dismissed the petition. The
Appellate Division affirmed (__ AD2d __), as do we.
Election Law § 6-132(2) requires that a subscribing witness to a
designating petition be (1) a duly qualified voter of the State,(1)
(2) an enrolled voter of the same political party as the voters
qualified to sign and (3) "a resident of the political subdivision in
which the office or position is to be voted for." The only requirement
challenged here is the third. Additionally, a subscribing witness is
required to set forth his or her address in a signed Statement of
Witness appended to the bottom of each sheet of a designating petition
(see, Election Law § 6-132(2)).
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