COOPERSTOWN – Republican Tim Walker is the winner of this round of the contest with county Rep. Andrew Marietta, D-Cooperstown/Town of Otsego, for the District 8 seat on the county Board of Representatives.
State Supreme Court Judge Eugene D. Faughnan today issued his opinion in an action brought by Marietta: “Independent party names are only protected to the extent their petitions for the same office are filed first, for that election cycle. There is nothing in the election law which provides any ‘year over year’ protection to an independent party’s name or symbol.”
COOPERSTOWN – Republican Tim Walker never filed for the “I Love Otsego” independent ballot line, according to the Democratic incumbent, Andrew Marietta.
“It was a Republican board of elections employee who brought them in and filed them,” he said in a text following yesterday’s state Supreme Court hearing on the matter. “The employee had access to the building far before anyone else, so there was never any way I was going to beat them for ‘I Love Otsego’.”
COOPERSTOWN – State Supreme Court Judge Eugene D. Faughnan said he expects to make a decision by Monday on the dispute over the “I Love Otsego” ballot line between county Rep. Andrew Marietta, D-Cooperstown/Town of Otsego, and his Republican challenger Tim Walker.
But at today’s hearing at the state Supreme Court here, he closely questioned Marietta’s lawyer, Dennis Laughlin, on his brief arguing Marietta’s case, and stated at one point, “The case law seems to say, first-in counts.”
COOPERSTOWN – A court action was filed today on behalf of county Rep. Andrew Marietta, D-Cooperstown/Town of Otsego, seeking to reclaim the “I Love Otsego” independent line on the Nov. 8 ballot from his Republican challenger, Tim Walker.
Marietta’s lawyer, Dennis Laughlin, said the local county judges, Brian Burns and John Lambert, recused themselves, and the case was assigned to state Supreme Court Judge Jeffrey Tait in Binghamton, who will review the papers and set a hearing date.
He noted a mission statement, typical in such plans, is missing, and he added examples from the Chenango and Broome plans. He also developed a SWOT analysis – strengths, weaknesses, opportunities and threats – from the Laberge material.
Finally, he extracted action steps, and set up a grid that would allow the county reps, if they chose to do so, to designate who is responsible for each action step, and set deadlines for accomplishing them.