Resource: Jasikoff v. Comm’rs of the Westchester Cnty. Bd. of Elections

Petitioner circulated petitions to run in the Democratic Party primary election as a candidate for the public office of Member of the New York State Assembly for the 88th Assembly District. On March 18, 2020, the Legislature passed an act requiring that a designating petition for the June 2020 primary election be filed between March 17-March 20. As of 7:04 p.m. on March 18, the NY Board of Election had not yet posted the change of law to its website. As of the late morning on March 23, the Westchester County Board of Elections had not yet posted the chance of law. Petitioner filed his designating petition on March 23 before 9 a.m. (and claimed that he first became aware of the filing deadline after it expired). On March 27, the Supreme Court denied Petitioner's petition (invalidating the designating petition); however, the Supreme Court reconsidered its ruling sua sponte and later granted Petitioner's petition and directed the Respondents to accept the designating petition as timely filed. However, the Appellate Division (Second Department) reversed, finding that filing a petition after the deadline constitutes a fatal defect that invalidates the petition.