Matter of Breen v. Schoharie County Democratic Committee, 86 N.Y.2d 459 (1995)
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Strict adherence to the statutory timetable for filing certificates of nomination in election law is mandatory, and premature filing constitutes a fatal defect, invalidating the nomination.
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Summary
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The Schoharie County Democratic Committee prematurely filed a certificate of nomination for Michael Breen for County Court Judge before the primary election, violating Election Law §§ 6-116 and 6-158 (6). When the committee failed to refile the certificate during the statutorily prescribed period, an objection was filed. The New York Court of Appeals held that the premature filing was a fatal defect, invalidating the nomination, and that objections were timely because they were filed within three days of the *last* day to file the certificate. The Court emphasized the importance of adhering to the strict election timetable, finding that failure to do so jeopardizes the integrity of the election process.
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Facts
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On August 10, 1995, the Schoharie County Democratic Committee nominated Michael Breen for County Court Judge. The Committee filed a certificate of nomination with the Schoharie County Board of Elections on August 11, 1995. The primary election was held on September 12, 1995. The deadline for filing a party nomination was September 19, 1995. The Committee did not reconvene or refile the certificate of nomination during the seven-day period after the primary election.r
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Procedural History
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Objections to the nomination were filed on September 22, 1995. A proceeding was commenced on September 25, 1995. Supreme Court dismissed the petition, finding the premature filing an “innocent error.” The Appellate Division reversed, granted the petition, and struck Breen from the ballot. This appeal followed to the New York Court of Appeals.r
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Issue(s)
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Whether the premature filing of a certificate of nomination, before the statutorily prescribed period, constitutes a fatal defect invalidating the nomination, even if the error was unintentional and did not result in fraud.r
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Holding
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Yes, because the Election Law requires strict adherence to the filing deadlines, and failure to comply with the statutorily prescribed time frame constitutes a fatal defect.r
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Court’s Reasoning
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The Court of Appeals emphasized the mandatory nature of the election timetable. It stated that the premature filing of the certificate of nomination did not comply with Election Law §§ 6-116 and 6-158 (6). The court held that to find otherwise would dilute the integrity of the election process and jeopardize the enforcement of mandatory filing requirements. The court distinguished between a