Cirino v. Gkanios, 84 N.Y.2d 485 (1994)
Election Law § 6-158(13) permits an independent body, such as the Independence Fusion Party, to fill a vacancy in its nomination caused by a candidate’s declination, even if the declination occurs after the primary election.
Summary
This case addresses whether an independent nominating body can fill a vacancy created by a candidate’s declination after the primary election. Richard Rosenbaum, nominated by the Independence Fusion Party (IFP) for Governor, declined the nomination after losing the Republican primary. The IFP then sought to substitute Blaise Golisano. The petitioner objected, arguing that Election Law § 6-158(13) doesn’t allow filling vacancies after a post-primary declination by an independent candidate. The Court of Appeals held that the IFP could substitute Golisano, interpreting the statute to facilitate ballot access for both party and independent candidates, consistent with the Election Reform Act of 1992.
Facts
Richard Rosenbaum was nominated as the Independence Fusion Party (IFP) candidate for Governor on August 24, 1994.
Rosenbaum also sought the Republican Party nomination for Governor.
After losing the Republican primary, Rosenbaum declined the IFP nomination on September 16, 1994, pursuant to Election Law § 6-158(11).
The IFP’s Committee to Fill Vacancies filed documents on the same day to substitute Blaise T. Golisano as their candidate, as permitted by Election Law § 6-148.
Procedural History
The petitioner filed an objection to the substitution of Golisano, arguing the Election Law did not permit substitution after a declination.
The State Board of Elections held a hearing and determined the IFP properly substituted Golisano.
The petitioner then brought a proceeding to annul the Board of Elections’ determination and prevent Golisano’s name from appearing on the ballot.
Supreme Court dismissed the petition, concluding Election Law § 6-158(13) allowed the IFP to substitute Golisano.
The Appellate Division affirmed.
The Court of Appeals granted leave to appeal.
Issue(s)
Whether Election Law § 6-158(13) authorizes an independent body, like the IFP, to fill a vacancy caused by the post-primary declination of its candidate.
Holding
Yes, because Election Law § 6-158(13) applies to vacancies occurring with respect to both independent nominations and party nominations, and the vacancy occurred too late to comply with other provisions of the section. Further, this interpretation aligns with the legislative intent to facilitate access to the ballot for both party and independent candidates.
Court’s Reasoning
The court interpreted Election Law § 6-158(13), which states that if a vacancy occurs too late to comply with other provisions, certificates to fill the vacancy shall be filed as soon as practicable. The petitioner argued that the language refers only to party nominations, not independent nominations. The court disagreed.
The court reasoned that Election Law § 6-148(2) grants the Committee to Fill Vacancies on an independent nominating petition the right to fill a vacancy caused by a candidate’s declination, subject to the time limits of Election Law § 6-158.
The court emphasized that § 6-158 specifies filing requirements for both party and independent nominations. Subdivision (13) applies when a vacancy occurs too late to comply with the provisions of “this section,” referring to the entire section, not just the party-specific subdivisions.
The court noted that the Legislature used the terms