The meaning of "Or otherwise" in senate race
A state court appellate panel on Thursday ordered that Suffolk Republican Elections Comissioner Nicholas LaLota, who took a leave of absence from his county job to run for the state senate against incumbent Democrat John Brooks of Seaford, be removed from the ballot in November.
The four-member appellate panel -- all Democrats -- decided unanimously that LaLota's candidacy violated a provision in elections law that prohibits elections commissioners from running for elective office while commissioner.
The four-page decision overturns a lower court ruling by Nassau Supreme Court Justice Jack Libert, a Republican, who found LaLota qualified to run on the Republican, Conservative, Libertarian, and SAM Parties ballot lines for the state senate's Eighth district, which straddles Nassau and Suffolk counties south shores.
Both decisions focused on the meaning of "or otherwise" in state election law.
The law says: "An election commissioner shall not be a candidate for any elective office which he would not be entitled to hold under the provisions of his article unless he has ceased by resignation or otherwise, to be a commissioner prior to his nomination or designation therefor. Otherwise such nomination shall be null and void."
Brooks and a several citizens, including Joseph Ferrandino, General Services Commissioner in the Democratic-controlled Town of Babylon, challenged LaLota's candidacy as a violation of state law.
But Libert decided LaLota had fulfilled its purpose by "taking an unpaid leave of absence, completely staying away from the Suffolk Board, appointing an interim successor and recusing himself from all actions of the Suffolk Board."
"If the legislature intended the only way a commissioner of elections could run for elective office was by resignation, then why add the words 'or otherwise,'" Libert wrote.
The appellate panel disagreed.
Lalota's taking a leave of absence doesn't mean he ceased to be a commissioner, the panel wrote. (see relevant pages of decision below). By reserving the right to revoke the leave of absence , "LaLota implicitly acknowledged that he has retained his authority as Commissioner."
As for the meaining of 'or otherwise'.
"'Otherwise' means in a different way, in a different manner or by other causes and means, " the panel wrote. "The inclusion of 'otherwise' contemplates actions which are the equivalent of resignations, i.e other circumstances, manners or causes under which a person would cease to be an election commissioner. These alternative circumstances are numerous and could involve the person moving out of county, changing political parties or taking a different and incompatible public office...not to mention other less commonly encountered possibilities such as removal by the governor...or conviction of certain crimes."
LaLota has said he will appeal. However, the appellate panel's unanimous decision means the Court of Appeals, the state's highest court, would have to give him permission to appeal.
If LaLota is removed from the ballot, it is unclear whether the parties could nominate another candidate.
LaLota's attorney, John Ciampoli said the decision, if upheld, would allow Brooks to run unopposed. "Cancel the election," Ciampoli said.
The four-member appellate panel -- all Democrats -- decided unanimously that LaLota's candidacy violated a provision in elections law that prohibits elections commissioners from running for elective office while commissioner.
The four-page decision overturns a lower court ruling by Nassau Supreme Court Justice Jack Libert, a Republican, who found LaLota qualified to run on the Republican, Conservative, Libertarian, and SAM Parties ballot lines for the state senate's Eighth district, which straddles Nassau and Suffolk counties south shores.
Both decisions focused on the meaning of "or otherwise" in state election law.
The law says: "An election commissioner shall not be a candidate for any elective office which he would not be entitled to hold under the provisions of his article unless he has ceased by resignation or otherwise, to be a commissioner prior to his nomination or designation therefor. Otherwise such nomination shall be null and void."
Brooks and a several citizens, including Joseph Ferrandino, General Services Commissioner in the Democratic-controlled Town of Babylon, challenged LaLota's candidacy as a violation of state law.
But Libert decided LaLota had fulfilled its purpose by "taking an unpaid leave of absence, completely staying away from the Suffolk Board, appointing an interim successor and recusing himself from all actions of the Suffolk Board."
"If the legislature intended the only way a commissioner of elections could run for elective office was by resignation, then why add the words 'or otherwise,'" Libert wrote.
The appellate panel disagreed.
Lalota's taking a leave of absence doesn't mean he ceased to be a commissioner, the panel wrote. (see relevant pages of decision below). By reserving the right to revoke the leave of absence , "LaLota implicitly acknowledged that he has retained his authority as Commissioner."
As for the meaining of 'or otherwise'.
"'Otherwise' means in a different way, in a different manner or by other causes and means, " the panel wrote. "The inclusion of 'otherwise' contemplates actions which are the equivalent of resignations, i.e other circumstances, manners or causes under which a person would cease to be an election commissioner. These alternative circumstances are numerous and could involve the person moving out of county, changing political parties or taking a different and incompatible public office...not to mention other less commonly encountered possibilities such as removal by the governor...or conviction of certain crimes."
LaLota has said he will appeal. However, the appellate panel's unanimous decision means the Court of Appeals, the state's highest court, would have to give him permission to appeal.
If LaLota is removed from the ballot, it is unclear whether the parties could nominate another candidate.
LaLota's attorney, John Ciampoli said the decision, if upheld, would allow Brooks to run unopposed. "Cancel the election," Ciampoli said.
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