Kass' Ballot Petition Invalidated by Judge

A state Supreme Court judge has ruled that Bedford Town Board candidate Mary Beth Kass' petition for an Independence Party primary is not valid because her change in party enrollment was not received on time by the Westchester County Board of Elections.

The 4-page Friday ruling came from Judge J. Emmett Murphy, who heard a lawsuit from Kass' opponent, Meredith Black, about the case. Black filed the lawsuit on July 23 to challenge the petition, arguing that she was a member of a Republican Party instead. Kass had previously been enrolled as a Republican before making a switch last fall to the Independence Party. 

Matthew Gallagher, who is Black's attorney, argued that Kass' enrollment switch did not count for the current election cycle because the Westchester County Board of Elections did not receive her documentation for the switch until Oct. 13, 2012, a day after a deadline that effects whether or not she could appear on the party's ballot. Kass' attorney, Guy Parisi, argued that her enrollment was timely because it was postmarked by Oct. 12. Murphy, in his decision, agreed with Black's side about the deadline.

Reached for comment, Black said she was glad the court was able to come to a decision "so quickly." 

"I am very disappointed by the ruling in this case," Kass wrote in an email Sunday to Patch. "I relied on information given to me by the Westchester County Board of Elections that verified my enrollment in the Independence Party. The judge made a ruling against the BOE's accepted practice of accepting the postmark date as the deadline for changing party enrollment - and unfortunately, the fallout of that decision was that Francis Corcoran and I are no longer eligible to be on the ballot for the Independence primary election in September."  

Whether Corcoran could be included is disputed.

Corcoran, a fellow Republican and incumbent councilman who is running for re-election, could have been allowed to get primary votes for the Independence Party line as a write-in candidate if Kass' petition, she explained recently, which would have forced a primary for the council office in general, was successful. Kass, due to party enrollment, would have had a printed name on the ballot.

However, Bea Rhodes, who volunteers for the Democrats, reached out to Patch about the issue and stated that Corcoran could not be given a write-in place, and could only have qualified through an opportunity to ballot petition, a different form that forces party primaries but only allows for a write-in choice.

Kass also felt that the decision deprives voters of a choice.

"In the end, the people who are most affected by my opponents lawsuit against me are those IND voters in Bedford who wanted a choice in this election," she added.

Kass is part of the local Republican ticket for town elections, while Black is part of the Democratic ticket. In the November general election, candidates can run run multiple parties.

Don Scott, the Republicans' candidate for supervisor, stated "we are surprised and disappointed by the decision."

Scott added: "It deprives Bedford's Independence party voters of a choice for town council."

Scott also told Patch that an appeal is being considered. Asked about an appeal, Kass wrote, "I'll be talking to my attorney tomorrow to consider options."

The Independence Party endorsed the Democratic candidates, which means that they would receive the line by default in the November general election in absence of a primary.

Kass is not the only one on the Republican ticket seeking Independence Party support. Scott, Town Clerk Boo Fumagalli and Town Justice Erik Jacobsen are each vying for the Sept. 10 primary. Scott and Fumagalli are doing so through the opportunity to ballot process, which would allow for write-in votes. Jacobsen, meanwhile, would be allowed to have his name on the ballot.