DiPietro v. New York State Board of Elections

OPINION OF THE COURT

Timothy J. Drury, J.

David J. DiPietro submitted a petition for the independent nomination for the Tea Party for the office of the New York State Senate for the 59th District. Three thousand valid signatures were required by statute to qualify to be on the ballot. The New York State Board of Elections (the Board) first found that, of the 4,675 signatures submitted, 2,098 were invalid, leaving a total of 2,577 valid signatures. Therefore, it determined that the petition was 423 signatures short of the statutory requirement. It then recomputed the numbers involved from the…