A ruling earlier this month that knocked two candidates off the Niskayuna ballot but allowed them to run as write-ins was upheld Thursday by an appeals court.
Attorneys for both sides gave arguments Thursday morning before the Appellate Division of the state Supreme Court. The court issued its ruling Thursday afternoon, upholding the lower court’s decision.
The rulings essentially mean that two Republicans, Town Board candidate David Dussault and town justice candidate Michael Horan, must get their spot on the November ballot through write-ins at the Sept. 10 primary.
Two Town Board seats are up for election, but only one Republican candidate, Dussault, filed to run. With that, only one Republican slot will be available Sept. 10, the Appellate Division’s ruling notes.
In the initial ruling, Justice Vincent J. Reilly Jr. agreed with technical objections made by petitioner Geoffrey Hall that invalidated enough signatures to put both Dussault and Horan below the number required to make the ballot.
Reilly, though, found the two candidates qualified for having an “opportunity to ballot” in the primary, meaning that Republicans will get to write in their preferred candidate.
The winning candidate will appear on the November ballot on the Republican line.
Dussault is the sole Republican candidate for two Town Board seats up for election this fall. Running on the Democratic side are incumbent Denise Murphy McGraw and John DellaRatta, who is seeking his first term on the board.
McGraw’s seat and that of current board member Jonathan McKinney are up. McKinney is not seeking re-election.
For town justice, Horan is seeking to challenge Democratic candidate Peter J. Scagnelli for the justice seat. Both are seeking their first terms.