Staber v. Fidler
Staber v. Fidler
Opinion of the Court
These proceedings, like others before us today, involve minor discrepancies between the numbers of signatures indicated on cover sheets and the actual numbers of signatures contained in the designating petitions themselves. Each of the three candidates seeks a place on the New York City Democratic primary ballot for the public office of council member from his or her respective district. The designating petition of Lewis A. Fidler contains either 4,659 or 4,660 signatures, which his cover sheets overstated as 4,669. Nydia M. Velazquez’s designating petition contains 2,420 signatures, overstated on her cover sheet by four. Susan D. Alter’s designating petition contains 4,643 signatures, which her cover sheets understate by three. In each case, a place on the primary ballot requires 1,500 valid signatures.
Upon cross applications to validate and invalidate, Special Term found the cover sheet overstatements in the designating petitions of Fidler and Velazquez inconsequential violations of Election Law § 6-134 (2).
The Appellate Division modified, on the law and the facts, by reversing Special Term’s determinations in Fidler and Velazquez, granting their applications to validate, denying the applications to invalidate and ordering that their names be placed on the appropriate ballots.
This is not to say that all cover sheet discrepancies may be ignored. Broad policy considerations weigh in favor of requiring strict compliance with the Election Law in these cases. One of the purposes of the statutory requirements is to facilitate the discovery of fraud and irregularity in designating petitions (Matter of Rutter v Coveney, 38 NY2d 993, 994). Overstatements of the number of signatures in designating petitions may deter potential challengers, who believe they could more profitably spend their time and energy challenging designating petitions whose cover sheets indicate a number of signatures closer to the required minimum. Conversely, understatements, especially substantial ones, could attract challenges which would otherwise be deemed unwarranted and a waste of judicial and other resources when they are most in demand. Another benefit of strict construction of the Election Law is that it reduces the likelihood of unequal enforcement (Matter of Carr v State Bd. of Elections, 40 NY2d 556, 558). Both the actual operation and public perception of the electoral process as one that seeks regularity and evenhanded application must not be distorted. The Election Law must have a neutral application unaffected by party affiliation, policy, position, incumbency, race, sex, or any other criterion irrelevant to a determination of whether its requirements have been met. In short, a too-liberal construction of the Election Law has the potential for inviting mischief on the part of candidates, or their supporters or aides, or worse still, manipulations of the entire election process.
On the other hand, a strictness of construction beyond that necessary for the effectuation of those policies can also lead to injustice (Matter of Carr v State Bd. of Elections, supra, at p 559). We implicitly recognized this in Matter of Jonas v Black (supra), where an inconsequential understatement was not fatal to the validity of the designating petition. We did not hold to the contrary in Matter of Hargett v Jefferson (supra), which involved overstatements that were substantial by any estimate (one cover sheet claimed 5,074 signatures though the designating petition to which it related only contained 3,831; the other claimed 3,325 though its designating petition contained 2,083).
In the present cases, we agree with the Appellate Division that the discrepancies in the designating petitions of all three candidates were inconsequential and did not implicate any of the underlying policy considerations discussed above, and no potential for fraud has been alleged or is apparent. Accordingly, we affirm its order.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur in Per Curiam opinion.
In each case: Order, insofar as appealed from, affirmed, without costs.
. Election Law § 6-134 (2) provides in pertinent part: “There shall be a cover sheet attached to each petition consisting of ten or more sheets and each volume thereof. Each cover sheet shall indicate *** the total number of signatures contained in such petition. If the petition is filed in two or more volumes, the cover sheet for each volume shall also contain the following additional information: * * * the total number of signatures contained in the volume”.
. That court affirmed the determination in Matter of Garrett v Alter, and the appeal is here by our leave (65 NY2d 607).
Reference
- Full Case Name
- In the Matter of Annabelle Staber v. Lewis A. Fidler, (And Another Proceeding.) In the Matter of Nydia M. Velazquez v. Daisey B. Parrilla, (And Another Proceeding.) In the Matter of Dora M. Garrett v. Susan D. Alter, (And Another Proceeding.)
- Status
- Published