Jasikoff v Commissioners of the Westchester County Bd. of Elections

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Jasikoff v Commissioners of the Westchester County Bd. of Elections 2020 NY Slip Op 32010(U) March 27, 2020 Supreme Court, Westchester County Docket Number: 1376/2020 Judge: David F. Everett Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] ALBANY COUNTY CLERK 05/05/2020 12:16 AM INDEX NO. 903484-20 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/05/2020 OF THE COURT OF WESTCHESTER SUPREME COUNTY STATE OF NEW YORK .-..--....--.-.........-------------.---..---..-.....---.....x STEPHEN JASIKOFF, COUNTY WESTCHESTER OF THE Order and Decision -against- COMMISSIONERS 1376/2020 No. Index Plaintiff, OF ELECTIONS BOARD Defendant. .------..........-----................--..--.-. EVERETT, The The to Show Court after 23, 2020, health These Assistant are extraordinary this County 2020, and grants and Cuomo of Laws a Disaster issued Relating which the play recalls, book the papers and March of defendant, revokes is still being written submitted 27, 2020, by plaintiff, the Commissioners of the and vacates case, and the enduring. we are currently reconsidered of this circumstñcts on March bench the the decision and rewritten. and by plaintiff, and by the Westchester rendered the County on March 23, the motion. On March declaring hereby which 23, 2020, on behalf and facts 2019) the Court on March Attorney of Elections, for times decision, picscated Board Disease (Coronavirus crisis arguments of the unique from rendered its decision, sua sponte, consideration further Exhibits in Supp/ Cause/Aff motion: on the read were has reconsidered, In making oral papers following Order public ......x J. 7, 2020, Governor Emergency Executive to the Order Disaster Andrew Cuomo in the State of New 202.2 Continuing titled Emergency. Under issued York. Executive On March Temporary the subheading Order 14, 2020, Suspension "Suspension Number 202, Governor and Modification of Laws and [*FILED: 2] ALBANY COUNTY CLERK 05/05/2020 12:16 AM INDEX NO. 903484-20 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/05/2020 Regulations," Order the Executive Section 6-136 of such or 30% of the stated be suspended 24 of the Laws Chapter provides 2020, March to file petitions creates statute the petitions enacted the change This candidses in the failing would and plaintiff, Westchester not 17, 2020, they on that date. a filing law not they challenged Board could file by defendant, of elections 2020 Election Calendar. Here, plaintiff attempted to file (March would such became shall on March effective petitions have runs from Tuesday, 24 of the Laws of 2020, down It is also York 20, had 18, moming published this on Monday, March 23, of law, 23, started the to file yet been not on March 18, of Elections Board March change had in which as pointed noteworthy, enacted, attempted p.m., time in which that 2020) statute the days was someone State at best, as of late his petition the statute as of 7:04 worse, days, four as the rejected, matters to provide - March In fact, been of petitions. before 17, 2020 to two patitions. had not the day filing the is intended on the New posted that for 18, 2020). To make been that starts (March narrowed effectively know County had that window enactment very on March permitting website. its own statute's a statute filing a four-day required, of Chapter window for a four-day for voters Further 20, 2020. when a window and of designating of the enactment provides unfairness specifies the filing March at the time 6-158, is inherent new 2020, Section for approved was to of signatures p.m." at 5 gathering 17, 2020 March which of 2020, Friday, that Tuesday, period time existing There day before their the through statute Law Election The that 17, 2020, The effective is less. whichever to require are modified provisions of the enrolled to 1.5% law threshold, necessary pursuant on petitions of signatures ñümbct required to reduce to the extent is modified Law 6 of the Election "Article part: in relevant states, 2020, nor 2020, potential out by the had it updated prior to 9:00 - [*FILED: 3] ALBANY COUNTY CLERK 05/05/2020 12:16 AM INDEX NO. 903484-20 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/05/2020 the Westchester Since a.m. would be taken Friday, March 2020, no harm candidate would not mean does under the the belated other here, that intended It is not tune. pro other crisis so by be applied decision this to any is particularly can be cured unfairness such where This the window. go out 23, health a critical exists currently March in any case. a fatal prior case defect, those cases do not crisis we are now health of the New intent evidenced by the publication was to deprive notice of the new glitch was enacted made nor notice given the was not, took ORDERED of Equity, that place one 1 find my decision not, day lack this was law have aAer of timely grossly of March four-day been unfair. 23, 2020 3 of four enacted window. timely via constitutes a petition high instant stress case days 17 - 20, March circumstances is that the to file, as 2020, origiñsl that and manner. legislation on March It is of no small given provided, the commcacement notice the in a timely of the newly full in the a period period filing under is clear file to timely failure decided been What effect could by the exacerbated As a Court and the of the new of their candidates that was to provide newly potential legislation facing. the well-intentioned, of the change to have appear that fact not held Legislature State York Although was has roütiacly law While of the public this nunc filing, there that accrue would no prejudice on closed on Monday, a.m. 9:00 at and fairness prescñted circumstances limited persiitting of fundamental standards that fact The filing. the late by permitting of Elections to the Board come reopened it officially the time and 2020, 20, no action of Elections the Board the time between petitions to filed respect with and on weekends, is closed of Elections Board County that of the four-day 18, 2020, moment the that enactment period, and publication. Accordingly, is recalled, it is revoked and vacated; and it is [*FILED: 4] ALBANY COUNTY CLERK 05/05/2020 12:16 AM INDEX NO. 903484-20 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/05/2020 further ORDERED County Board that petitions for currently scheduled the filing of this for Dated: that of entry White March to accept as valid, nunc Democratic Primary election for June decision ORDERED notice the Plains, 27, 23, and plaintiff within New Commissioners defendant and is granted is directed of Elections plaintiff's with motion the five 2020, and order; shall (5) upon presentment pro tunc the New of said to March York petitions Westchester of the 88* 2020, 20, Assembly within one District business it is further serve business upon defendant days of entry a copy of this decision and York 2020 ENTER: HON. 4 DAVID F. EVERETT, J.S.C. order of

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