Once again Attorney Will Barclay did not get his way, and once again he's going to court.
A five-judge panel from the Appellate Division, Third Department, today upheld a lower court decision that kept the Independence Party line blank in Tuesday's special election.
Following his loss, Barclay has already signified that he intends to appeal again and has also laid the groundwork to bring yet another lawsuit in Federal Court on the same issue that he has now lost twice on. Both cases will likely be heard on Monday.
"With the election only days away, Will Barclay's pursuit of the Independence line has degenerated into a peculiar obsession and a waste of taxpayer money," said Aubertine for State Senate Campaign Manager Cathy Calhoun. "All the while, employees at the Jefferson, Oswego and St. Lawrence County Boards of Elections are preparing for Tuesday's vote knowing that they potentially face a condensed timetable, tens of thousands of dollars in overtime, and countless logistical nightmares to accommodate an 11th hour ruling that has already been ruled on twice."
"Not a single registered voter, Independence party member or otherwise, will be disenfranchised as a result of this court decision, but Will Barclay's actions have the real potential to wreak havoc on the preparations that are needed to have polls open on time on Feb. 26. Every voter is eligible to vote on Tuesday, and both candidates will have their name on the ballot twice. This is a classic example of a frivolous lawsuit that wastes the taxpayers' money and the courts' time."
This decision was the result of an appeal to a lawsuit that Barclay filed (and subsequently lost) after the Jefferson County Independence Party, which is the only duly constituted committee in the 48th Senate District, endorsed Darrel Aubertine for the currently vacant State Senate seat. A judge ruled last week that neither candidate will be on the line. Before this ruling, Darrel Aubertine had pledged not to appeal regardless of the outcome; Barclay has responded by not only appealing, but also filing a new lawsuit.
