IN RE: the Application of Jonathan Goebel (2026)

In this special proceeding brought pursuant to Article 16 of the Election Law, Petitioner-Objector Jonathan Goebel ("Goebel") seeks, by way of Verified Petition, filed August 5, 2026, an order restraining and enjoining Respondent Rensselaer County Board of Elections ("Board of Elections") from printing the name of Respondent-Candidate Samantha C. Phillips ("Phillips") on the ballot as the Respondent Working Families Party's ("WFP") candidate for the public office of Legislator for the County's Fourth Legislative District ("Seat") in any general or special election occurring on November 3, 2026. After a hearing wherein only Goebel and the Board of Elections appeared (Phillips and the WFP did not appear despite having been served) and upon the evidence duly submitted in consideration thereof, the Court grants Goebel's Verified Petition, invalidates the certificate of nomination of the WFP nominating Phillips to the Seat, and enjoins the Board of Elections from placing Phillips' name on the ballot for the November 2026 election as the WFP candidate.

Background and Procedural History

Primary elections were held on June 23, 2026. The day after, on June 24, 2026, then County Legislator Wayne Gendron resigned from his position, creating a vacancy to be filed in the general election in November of 2026 (see generally Public Officers Law § 42 [1]). On August 3, 2026, the WFP filed a certificate of nomination with the Board of Elections nominating Phillips as the WFP candidate for the Seat.

On August 3, 2026, Goebel— a duly registered voter—filed with the Board of Elections general objections to the WFP's certificate of nomination. On August 6, 2026, Goebel filed with the Board of Elections specific objections to the WFP's certificate of nomination. Goebel's specific objections included a claim that the certificate of nomination was untimely.

On August 5, 2026, Goebel filed a Verified Petition pursuant to Election Law § 16-102 against Phillips, the WFP, and the Board of Elections, seeking to invalidate as untimely the certificate nominating Phillips for the Seat. On August 6, 2026, the Court signed an Order to Show Cause directing the respondents to show cause by August 10, 2026, why an order should not be entered declaring the certificate of nomination invalid. Goebel and the Board of Elections appeared in Court; the other parties did not.

Analysis

Election Law § 6-158 provides that "[a] certificate of a party nomination made other than at the primary election for an office to be filled at the time of a general election shall be filed not later than thirty days after the primary election" (Election Law § 6-158 [6] [a]). That same provision, however, allows for a later filing if the nomination is for an office that becomes vacant "after the seventh day preceding [the] primary election" (id. at [6] [b]). Under such circumstances, the certificate of nomination "shall be filed not later than thirty days after the primary election or ten days after the creation of such vacancy, whichever is later" (id.).

In any event, "it is well settled that the time requirements for filing papers set forth in the Election Law are mandatory, and the failure to comply with such requirements has been deemed a fatal defect" (Matter of Gallo v Turco, 131 AD3d 785, 786 [3d Dept 2015]; see also Election Law § 1-106 [2] ["The failure to file any . . . certificate relating to the . . . nomination of a candidate for . . . public office . . . within the time prescribed by the provisions of this chapter shall be a fatal defect"]; Matter of Williams v McDonough, 44 AD3d 1087, 1088-1089 [3d Dept 2007] [discussing "New York's policy of strictly enforcing the times prescribed by the Election Law for the filing of election documents"]).

Here, the filing of the certificate of nomination was untimely. The primary election was held on June 23, 2026. The Seat became vacant on June 24, 2026. The WFP filed its certificate nominating Phillips on August 3, 2026. This was more than 10 days after the Seat became vacant and more than 30 days after the primary election. Accordingly, the WFP's certificate of nomination is invalid (see Election Law §§ 6-158 [6] [a] and 1—106 [2]; see also Matter of Gallo, 131 AD3d at 786).

Conclusion

Based on the foregoing, it is hereby

ORDERED, that the Verified Petition of Jonathan Goebel is GRANTED; and it is further

ORDERED, that the certificate of nomination of the Working Families Party of the State of New York, nominating Samantha C. Phillips as a candidate for the public office of County Legislator for the County's Fourth Legislative District, is INVALID; and it is further

ORDERED, that the Rensselaer County Board of Elections is ENJOINED from placing the name of Samantha C. Phillips on the ballot for the November 2026 general election as the Working Families Party candidate for the subject seat.

This shall constitute the Decision and Order of the Court. This Decision and Order shall be uploaded onto the New York State Court Electronic Filing ("NYSCEF") system for filing and entry by the Office of the County Clerk. The signing of this Decision and Order and uploading onto NYSCEF shall not constitute filing, entry, service, or notice of entry under CPLR 2220 and section 202.5-b (h) (2) of the Uniform Rules for the New York State Trial Courts. Counsel is not relieved from the applicable provisions of those Rules with respect to filing, entry, service, and notice of entry of the original Decision and Order.

Dated: September 4, 2026

Troy, New York

Hon. Noel Mendez

Acting Justice of the Supreme Court

Papers Considered:

1. All documents filed electronically on NYSCEF;

2. All paper exhibits filed in support of the Verified Petition.

Noel Mendez, J.