Bedford Town Board candidate Meredith Black has filed a lawsuit that challenges an attempt by her opponent, Mary Beth Kass, to seek a primary for the Independence Party ballot line.
Black, who is part of the Democratic Party's local slate, filed the suit last week in state Supreme Court in White Plains, with the petition dated July 23. It argues that Kass, who is part of the local Republican ticket, filed an invalid designating petition because she is not an enrolled member of the Independence Party.
The lawsuit also questions whether enough valid signatures were submitted, although Black's attorney, Matthew Gallagher, explained the later contention is not being actively pursued. Kass' side contends that more than enough were submitted.
In New York State, candidates are allowed to run on multiple party ballot lines.
Speaking after a Tuesday court appearance in White Plains before Judge J. Emmett Murphy, Gallagher explained that Kass missed the deadline to switch because the documentation was not received by the Westchester County Board of Elections until Oct. 13, 2012, missing the Oct. 12 cutoff. However, he acknowledged that it was postmarked for the day before.
Also speaking after the court appearance, Kass' attorney, Guy Parisi, contended that the postmarked date, which was Oct. 12, is what counts for timeliness.
Republican Supervisor candidate Don Scott, who watched the court appearance with Kass, explained that the matter was "triple checked." Examples included checking her registration card and in confirming with the Board of Elections, which is a co-defendent in the lawsuit, on two occasions earlier this year.
Kass, a Republican before seeking the switch, changed her party enrollment again in April to non-affiliated, a move that she said was because of the work that she does in the community. However, the switch to non-affiliated will not take effect until December, Kass said, which means that she is still with the Independence Party for the Sept. 10 primary.
Westchester's Independence Party branch gave its backing earlier this year to the Democratic slate, which means that unless a primary challenge is forced through petitioning, they will carry the ballot line in the November election.
The Republican side contends that Black's lawsuit would disenfranchise voters, also contending that enough valid signatures were submitted. Kass, who said that she carried petition, did so for what is called a designating petition, which would include a party member being on the primary ballot by name for the council seat. If Kass is successful, her name would appear, while voters would also have a chance to write in incumbent Councilman and fellow Republican Francis Corcoran.
Scott, along with Town Clerk Boo Fumagalli and Town Justice Erik Jacobsen, are also seeking the Independence Party line through primaries. Scott and Fumagalli pursued another venue called an opportunity to ballot, which means that a primary would be held for the line but their names would have to be written in for their respective offices. Jacobsen, because he is running for a judicial office, would see his name appear on the ballot.
Both sides presented exhibits for the case on Tuesday and will submit more paperwork on Thursday.
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