FAILED TO TIMELY FILE HIS PAPERWORK OR TO INITIATE A CHALLENGE
When he filed a nominating petition declaring himself – ALVIN SWEAT – a candidate of the Alvin Sweat party for Mayor of the City of Poughkeepsie, his paperwork was rejected because the Dutchess County Board of Elections determined that an “original certificate of acceptance for the nomination” had not been timely filed.
When he filed a special proceeding under the state's Election Law to validate his paperwork, the Dutchess County Supreme Court ended up dismissing his case.
On appeal, the Appellate Division, Second Department, noted that Sweat had an extremely tight window within which to seek judicial intervention. According to state law, he had “fourteen days after the last day to file the petition … or within three business days after the officer or board with whom … such petition was filed, makes a determination of invalidity with respect to such petition … whichever is later" (Election Law § 16-102[2]).
In this instance, since May 30, 2023, was the last day to file independent nominating petitions, Sweat had until June 13, 2023, to commence a proceeding. And since he didn’t initiate his case until June 23, 2023, some ten days later, the AD2 agreed that Sweat’s case had been time-barred and thus appropriately dismissed.
ALVIN!!!!!
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DECISION