State Supreme Court Justice Christopher Cahill ruled that the Democratic Election Commissioner, Ashley Dittus, was correct in her interpretation of state law and that Kathy Miller will remain on the November ballot as the 16th District Legislative candidate for the Republican, Independence and Conservative parties. Judge Cahill agreed that Miller’s filings that declined the nominations were due on July 17, 2017 (August 24 for the Independence Party nomination), as the Democrats have maintained, and thus Miller’s attempt to decline the nominations were untimely and hence illegal. Also held invalid were the filings that attempted to substitute Miller’s husband, Jim Miller, for her on the ballot. A link to the court’s decision in this matter appears below.
The practical implication of this court ruling is that the ballots will be printed with Kathy Miller’s name on them. Miller is presumed to be unable to serve because of the federal Hatch Act and her employment as a rural letter carrier.
Absentee ballots could arrive in the mailboxes of 16th Legislative District residents as early as the first part of next week. They should be available at the Board of Elections by the end of this week. Although extremely late, residents who applied for absentee ballots will be able to cast them prior to Election Day, November 7. This is good news for voters.
Here are some useful links:
Daily Freeman Article on BOE Decision