Judge Tosses Challenge To Stephentown Democratic Caucus

by David Flint
The Stephentown Democratic Party’s slate of candidates for the upcoming local election survived a legal challenge last week. The slate, all incumbents, includes Aldie Goodermote for Highway Superintendent, Cyril Grant for Town Justice, Chris Demick and PJ Roder for Town Council, Patty Gallup for Town Clerk And Ruth Rieger for Tax Collector. Gallup and Rieger, both Republicans, have also been endorsed by their party. After the Democratic caucus was held on September 18, Registered Democrats James Phillips, Stacey Shufelt and Kelly Beebe filed an objection that there had not been sufficient notice of the caucus posted either in a newspaper or in public places. Following a show cause order as to why the certificate of nomination should not be invalidated, a hearing was held last Thursday before Judge Roger D. McDonough in State Supreme Court at the Rensselaer County Courthouse.
Andrew White, Chairman of the Stephentown Democratic Committee, conceded that the legal notice that appeared in the September 18 issue of The Eastwick Press was not timely, but he insisted that he had met the alternate Election Law requirement “by posting in ten public places in the Town at least ten days preceding the day of the caucus.” White specified the ten places where he had posted, including various business locations, the Post Office, the Town Hall and three telephone/utility poles in the south part of the Town.
James E. Walsh, Esq., from Schenectady, representing the challengers, subpoenaed Tammy Madden, Chair of the Town Republican Committee, to testify as to whether the notices posted around town had been timely. Madden said she had checked the Post Office and did not see the notice until the week of September 13. In her testimony she conceded, however, that the notice could have been there prior to September 13 because the bulletin board was covered with numerous notices and postings and that some notices were obstructed by others below them.
Judge McDonough concluded that White had met the legal requirement for posting notices and that the challenge had no merit. He rejected Walsh’s argument that the telephone/utility poles did not constitute public places within the meaning of the Election Law, noting that the poles were located at public highway intersections “visually accessible to any passerby, whether on foot or in a vehicle,” and that “the rural nature of the Town of Stephentown, and the limited number of business establishments located therein, compel a broader reading of the term ‘public places’ in the applicable statute than the one advocated by petitioner.”
Attorney Brian Baker, defending the caucus, had argued that the matter should be summarily dismissed. Furthermore, he wrote in a brief that, “Given the spurious, vexatious, meaningless and deceitful nature of this Petition,” the Court should impose either sanctions or legal fees against the Petitioners.” Judge McDonough denied this request.