The Quirks of Ny Election Law: Presumption of Validity and Petition Strategies Two Landmark Cases in a Single County

Election law, while seeking to provide a level playing field and reasonably fair elections, often contains certain quirks that make political activists and good government-minded individuals scratch their heads. The combination of a provision for the presumption of the validity of designating petitions, and the signatures on those petitions, with a late deadline for the filing of documents allowing candidates from outside a political party to run on the party‟s line creates one such quirk. This paper proposes to examine the loophole and its potential to tarnish a clear and fair process of candidate selection and the control of the nominating process by party regulars. Chemung County, NY, is home to two cases dealing with this issue which, together, establish and affirm the legal precedent of the presumption of validity. Using the case history, interviews, and first-hand knowledge of the most recent case, I will examine the law, suggest potential problems, and offer a simple solution.