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ALTONA — Claiming the November election was tainted, Altona Republicans are seeking a special election to determine who will serve on the Town Council.
Town Republican Party Chairman Greg Boulerice says the ballot for the November election was a victim of a partisan war, and he wants the election re-done.
Democrats argue that the Republicans simply did not follow the law and are now trying to blame them for their mistake.
Further adding to the emotion of the issue is the fact that two people died in a car accident on their way home from a trip to the Clinton County Board of Elections office in Plattsburgh specifically for the case.
"Two people died, and we want to see this all the way through for them," Boulerice said.
NO TIME STAMP
The situation began last June when Republicans held their town caucus to nominate candidates for the November election.
Two seats were up for grabs on the Altona Town Council. At the caucus, incumbent Republican Herbert O. Therrian and Ronald Lee were nominated to run.
The paperwork to get them on the ballot was notarized and sent to the Board of Elections, but one paper was not time-stamped and filed when it reached the office, which is required.
Republican Election Commissioner Judith Layhee said the paper was simply accidentally misplaced and not found and stamped until one day after the deadline for filing.
JUDGE'S RULING
The case wound up in court, and on Oct. 16, Lee, Therrian and then-Town Republican Party Chairman Robert Wood drove to Plattsburgh to sign papers for the case at the Board of Elections.
On the way home, their car was hit on Military Turnpike, and Wood and Lee were killed. Therrian, who was driving, was injured.
The case continued despite the death of Lee as Republicans prepared to offer a replacement candidate to run along with Therrian.
Clinton County Court Judge Kevin K. Ryan, a Democrat, ruled on Oct. 22 that the Republican candidates would not appear on the ballot.
With no Republicans on the ballot, the two Democrats running for Town Council, Jeanne Bushey and Joey Snide, were assured victory.
DIVIDED ON DECISION
Republicans appealed Ryan's ruling, and the case went to the State Supreme Court Appellate Division.
The Appellate Court issued a decision that was interpreted differently by the two parties.
Boulerice said the ruling declared that the Republicans should have been allowed to put candidates on the ballot.
Democrats argue that the ruling only meant that absentee ballots could be sent out.
"We ended up back at square one, with both commissioners disagreeing," Democratic Deputy Elections Commissioner Randa Filion said.
Boulerice said Democratic Election Commissioner Susan Castine should have signed off on the ruling and put the Republican names on the ballot for the Nov. 3 election, giving voters a choice.
"People in this town deserve to know why there were no Republicans on the ballot," he said.
'FATAL DEFECT'
Castine and Filion say the real issue is that Republicans never filed their nomination certificates by the Sept. 22 deadline.
"That's the only issue," Castine said.
"If you don't file by that deadline, it is considered a fatal defect, and I went strictly by the law."
Filion said Republicans finally did file a copy of the nomination certificate, but it was 23 days late and still not time-stamped.
"Therefore, they (Republicans) never were on the ballot," she said.
CHALLENGE
Bushey and Snide are supposed to take office Jan. 1, but Layhee has refused to certify the Nov. 3 election results, which could prevent them from taking office.
Boulerice is taking the case to Federal Court, seeking a special election to replace the results from November.
"If that does not work, we will go to the Attorney General's Office next because this is not right."
E-mail Joe LoTemplio at: jlotemplio@pressrepublican.com
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