TERRENCE C. O'CONNER
PRESIDENT

NANCY MOTTOLA-SCHACHER
SECRETARY

WEYMAN A. CAREY
MICHAEL J. CILMI
NERO GRAHAM, JR.
MARK B. HERMAN
DOUGLAS A. KELLNER
FREDERIC M. UMANE
VINCENT J. VELELLA
STEPHEN H. WEINER

COMMISSIONERS

Board of Elections in the City of New York Seal
BOARD OF ELECTIONS
IN
THE CITY OF NEW YORK
EXECUTIVE OFFICE, 32 BROADWAY
NEW YORK, NY 10004-1609
(212) 487-5300
FAX (212) 487-5349
www.vote.nyc.ny.us

DANIEL DE FRANCESCO
EXECUTIVE DIRECTOR

JOSEPH L. GENTILI
DEPUTY EXECUTIVE DIRECTOR

JON R. DEL GIORNO
ADMINISTRATIVE MANAGER

STEVEN H. RICHMAN
GENERAL COUNSEL

POLICY STATEMENT
BY THE COMMISSIONERS OF ELECTIONS
IN THE CITY OF NEW YORK
RELATING TO DESIGNATING AND NOMINATING
PETITIONS IN THIS REAPPORTIONMENT YEAR OF 2002

Adopted: July 22, 2002

This Policy Statement, adopted unanimously at a public meeting of the Board of Elections in the City of New York held on Tuesday, July 22, 2002 sets forth the Commissioners opinion concerning certain matters relating to Designating and Nominating petitions in this Reapportionment Year, 2002.

In accordance with the Constitutional mandates, the New York State Legislature was reapportioned and New York State Congressional District boundaries redrawn following the 2002 Census. There was considerable delay in securing the passage and approval of said legislation. In addition, judicial proceedings were commenced regarding this matter.

Following enactment of those legislative plans, the Board of Elections in the City of New York undertook to redraw the boundaries of Election Districts throughout the City of New York. That process was forced to be concluded in a very short time period and in several instances mistakes have been found.

As a consequence of those actions, several questions have arisen regarding how the Board of Elections in the City of New York will consider certain objections to Designating and/or Nominating Petitions filed with the Board. Therefore, the Commissioners of Elections in the City of New York have adopted the following Policy Statement, which will guide its consideration and deliberation on objections and specifications for Designating and Nominating Petitions filed with this Board in this Reapportionment Year of 2002:

1. Where a candidate can demonstrate that s/he:

(a) relied on information contained in a publication issued by the Board of Elections in the City of New York;
(b) that specific information contained in that publication was incorrect;
(c) an objection is filed that seeks to invalidate a signature from a voter that based on the incorrect information would be considered valid;
then the Board of Elections in the City of New York will not deem that such signature is invalid for this election only.

2. Where a petition contains a candidate for Member of the House of Representatives as well as other candidates for public office or party position and said petitions were circulated between June 18 and June 25, 2002, the Board of Elections in the City of New York:

(a) will sustain any objection to any signature for any candidate for Member of the House of Representatives signed between June 18 and June 25, 2002;
(b) will not sustain any objection to any other candidate appearing on said petition made solely on the grounds that the presence of a congressional candidate constitutes a fraud on the enrolled party member(s) who sign such petition;
(c) will not sustain an objection to a voter whose signature appears in support of a congressional candidate (in the period after June 25, 2002) alleging that said voter signed an earlier petition for a congressional candidate, which occurred during the period when the injunction was in effect.


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