Judge tosses substitute candidate in Niskayuna

PHOTOGRAPHER: Steven Cook

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Niskayuna Republicans won’t have a candidate in this fall’s supervisor race, if a judge’s ruling today holds.

State Supreme Court Justice Vincent Reilly ruled the proper paperwork was not filed to get a new candidate on the ballot in place of the originally planned candidate.

Reilly ruled the candidate substitution was not only done on the wrong form, but also lacked other information, including a required affidavit.

“This is not a case where the deficiency in the certificate of substitution may be excused because it involves a simple detail in form,” Reilly wrote.

Election law, Reilly wrote, requires an affidavit certifying that a majority of the correct committee made the appointment.

Town Republican Committee Chairman Michael Mansion testified this week that he was given the wrong form by the Schenectady County Board of Elections.

The ruling now means Republican candidate Donald Cromer is off the supervisor ballot. There is still time for him, or anyone else, to get the proper signatures for an independent line. That deadline is Aug. 18.

Mansion could not be immediately reached for comment on Reilly’s ruling. It was unclear whether the ruling would be appealed.

Democratic Town Supervisor Joe Landry, who is running for re-election, brought the action, arguing that the proper paperwork wasn’t filed to replace the initial Republican candidate, Jeffrey S. Frankel, with Cromer.

Landry also argued earlier that Frankel never intended to run, but that argument was withdrawn Wednesday.