Working on this Brooklyn Green Party City Council campaign, we gathered all the signatures to get the candidate on the ballot and filed them along with the cover letter and the 'Acceptance Certificate'. The next day we get this letter in the mail and I'll quote it verbatum, but it's below because you might not make it all the way through before throwing up your arms in disbelief and I want to comment on it!
First, I just didn't understand what it was trying to tell us. The statute quoted is totally convoluted and makes no sense by itself. But I couldn't figure out if they were quoting the statute because we were deficient in our filing or for some other purpose. We had filed the 'Acceptance Certificate' (notorized by the candidate) when we filed the signatures, so they HAD to know he accepted the nomination, right? Apparently not!
It turns out that the letter is simply to inform the candidate that he's on the ballot and that he can decline the nomination if he so desires. Wouldn't it be easier to just say that?
Let me know what you think of the letter/statute! (By the way, there is an approval process, so don't be discouraged if your comment doesn't show up immediately--it will be approved shortly!)
Dear Candidate David J Pechefsky:
You are hereby notified that a petition has been filed with this agency designating you as a candidate of the Green Party, for the Office of Member of the City Council 39th Council District, in the City of New York to be voted for at the General Election 2009 - 11/03/2009.
Subdivision 1 of section 6-146 of the Election Law reads as follows:
"Acceptance or delination of designation of nomination. A person designated as a candidate for nomination or for party position, or nominted for an office otherwise than at a primary election, may, in a certificate signed and acknowledged by him, and filed as provided in this article, decline the designation or nomination; provided, however, that, if desgnated or nominated for public office other than a judicial office by a party of which he is not a duly enrolled member, or if a (sic) designated or nominated for a public office other than a judicial office by more than one party or independent body or by an indepndent body alone, such person shall, in a certificate signed and acknowledged by him, and filed as provided in this article accept the designation or nomination as a candidate of each such party or independent body other than that of the party in which he is an enrolled member, otherwise such designation or nomination shall be null and void."
The last day to file such acceptance or declination, pursuant to Section 6-158 of the NYS Election Law is Friday, August 21, 2009.
Very truly yours,
(signature)
Now isn't that just a perfect example of an incomprehensible statute?
Jonathan Fluck
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It remindes me of those statements you get from your insurance company that start out: "This is not a bill." I once had to call to make sure I wasn't being charged twice for the same procedure because it was listed in two different statements on two different dates. The helpful insurance customer service rep told me that it was two DIFFERENT procedures, but my health care provider only gave the insurance company one unhelpfully abbreviated name/code for two different (but related) procedures. Sure can't wait 'til things are "streamlined" under the reforms. ;-)
ReplyDeleteI actually found the statute understandable, but mainly for two reasons: one - you had already explained what it was they were trying to communicate and two - I used to work for the U.S. government. Believe me, at the federal level, it's even worse!
Hey John it Gerald Brunell from the Valley! I just wanted to say that this is why I only got a B+ in legal reserch and writing and not an A. Statutes are so poorly written in legalese that it breeds a disconect from the voter and the representative. It is not that hard to write a statute that is clearly phrased, but if that happened, then the voter would think that they didn't need their representative. Legal crap is just that, crap.
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