Petition for a Writ of Certiorari in Sloan vs Szalkiewicz and Board of Elections in the City of New York
Cód:
491_9784871873819
Petitioner Respectfully Prays that a Writ of Certiorari issue to the Supreme Court of the State of New York, Appellate Division, First Department to review the decision of the Supreme Court of the State of New York dated August 9, 2013, Index No. 101087/2013, and the decision of the Appellate Division, First Department of the Supreme Court of the State of New York dated August 13, 2013 which denied the validation petition of the above candidates to be reinstated on the ballot after these candidates were removed from the ballot solely because their petition signatures had not been witnessed by enrolled Republicans.On August 21, 2013, the Court of Appeals of the State of New York denied the motion by Petitioner for Leave to Appeal to the New York Court of Appeals.The Candidate-Petitioners and their supporters circulated petitions to be placed on the ballot. Petitions containing more than 4500 signatures were timely filed by Cindarella Time which was midnight on July 11, 2013. As this filing was facially valid, petitioner-candidates were placed on the ballot. However, a General Objection was by one Sal Caruso was filed on July 15, 2013 followed by a Specific Objection on July 22, 2013. A hearing was held before the New York Board of Elections on July 30, 2013 following which these candidates were kicked off the ballot on July 31, 2013 for one reason only which was 3905 of these signatures had not been witnessed by enrolled members of the Republican Party. Rather the signatures had been witnessed by other voters including Democrats, Libertarians and Blanks.Petitioners filed a petition to validate their places on the ballot on August 1, 2013. A show cause order was issued requiring the objector and the Board of Elections to appear on August 5, 2013. On August 9, 2013 Judge Wooten denied the Validation Petition without opinion. Petitioner appealed and this appeal was heard by the New York supreme Court Appellate Division First Department which affirmed the decision
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