In Matter of S. v New York City Board of Elections, S.S. filed an independent nominating petition with the New York City Board of Elections, seeking to run as the Freedom Party candidate for Mayor of New York City in the general election scheduled for November 4, 2025.
The petition reportedly contained 7,819 signatures, though S. claimed it included 14,000.
R. R filed objections, alleging certain signatures were invalid. On June 17, 2025, the Board of Elections, adopting a clerk’s report, invalidated 5,843 signatures, determining that the petition fell short of the 3,750 valid signatures required under New York City Charter § 1057-b(a)(1).
After S. initiated a proceeding under Election Law § 16-102 to validate the petition, the Kings County Supreme Court denied the petition and dismissed the case.
On appeal, S. argued that the petition contained sufficient signatures, asserting that even with 5,843 invalid signatures, the remaining total exceeded the required threshold. The Appellate Division, Second Department, rejected that argument, citing precedent that places the burden on the candidate to prove the petition’s validity.
Since S. failed to demonstrate the petition contained enough valid signatures, the AD2 found no basis to overturn the underlying determination.
From petition to appeal, this campaign was undone by the numbers.
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DECISION
Matter of S. v New York City Board of Elections