| In a surprise twist, Alice Kryzan will be on the Working Families Party line after all.
Court knocks Powers off ballot, boosting Kryzan
The Appellate Division of State Supreme Court ruled late Thursday that a lower court erred in deciding that Powers, Kryzan's former rival for the Democratic nomination for the seat, must stay on the Working Families line even though he had moved to Washington, D.C., to take a job there.
"In the absence of evidence to the contrary, Powers's letters to the Board and his concomitant submission of an out-of-state driver's license and lease agreement conclusively establish his intention to establish residency outside of this state," the appeals court said.
That disqualifies Powers from the ballot -- giving the Working Families Party the right to name Kryzan its candidate, the court said.
"Given that a vacancy was created by Powers's disqualification, the Board [of Elections] was obliged to accept the WFP's certificate of nomination and authorization naming Kryzan" as its candidate, the court said.
This is the right decision. I know people expressed concern about military ballots and absentee ballots, but in reality the most votes come via voters on Election Day who go to the polls. I believe the appellate court made the right call here.
UPDATE: The Kryzan campaign issued a press release on this decision today. Anne Wadsworth, a Kryzan campaign spokesperson, had this to say about the decision:
"Alice is proud to have the support of the Working Families Party, of Jon Powers, and of voters across this district who want a new direction for Western New York's economy," said spokesperson Anne Wadsworth. "Despite Chris Lee and the Republican machine's attempts to block Alice's name from appearing on the Working Families Party ballot line, today's ruling will allow voters to have a clear choice when they vote on Tuesday."
I agree. It is only right (and fair) that Kryzan gets the WFP line since Lee was handed the Independence Party line in a shady deal.
UPDATE II: The Working Families Party has also responded to this great news today:
"We're ecstatic. Alice Kryzan is the candidate who'll stand up for the issues that matter to working families in Washington, so it's only appropriate that she should be on the Working Families Party ballot line. Now, Western New Yorkers can cast a vote for real progressive change by pulling the Working Families lever for Alice."
Let's vote for Alice Kryzan on Tuesday.
ON THE WEB:
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