ALBANY — One of two Republican challenges filed earlier this month aimed at getting two Democratic Albany County Legislature candidates off the ballot was successful.
Legislator Christopher Smith, who represents the Hilltowns, won his lawsuit against Democratic rival Hebert Joseph, according to a decision issued Friday.
Acting state Supreme Court Justice Denise Hartman ruled that 22 of the 25 sheets of signatures in Joseph’s petition were invalid because two witnesses had signed the same petitions. Joseph filed signature sheets signed by a witness and notarized by a notary public. Those two signatures also attested to different numbers of signatures on some sheets submitted to the county Board of Elections.
The ruling left Joseph with only 24 of the 118 signatures he needed to be placed on November’s ballot.
Joseph’s attorney, Daniel Coffey, said they believe the petitions that were attested to twice still should have been accepted as valid. Coffey said he would talk with Joseph and explore their options before deciding whether to move forward with an appeal.
Attorney Matthew Clyne, who represented Smith, did not return a call for comment.
In Colonie, Democrat Ansel Asch’s campaign successfully defended his petitions against a challenge from incumbent Republican Jennifer Whalen.
That case focused on whether Asch was allowed to file a second volume of signed petitions three days after filing an initial batch of signatures. A large swath of the signatures in the first batch would have been ruled invalid for various reasons, including residents not putting the town they lived in next to their signature. But the second batch would have given Asch enough valid signatures to appear on the ballot in November.
Whalen, through Clyne, her attorney, argued that Asch’s filing of a second batch of petitions on a later…
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