PROCEDURAL HISTORY

Petitioner seeks an order declaring invalid, insufficient and void the designating petition filed in the Board of Elections of the County of Nassau purporting to designate Harold Barbieri as a nominee of the Conservative Party, for election to the public office of County Legislature, 3rd Legislative District, County of Nassau, in the Primary Election scheduled to be held on the 18th day of September, 2007, and in the General Election to be held on the 6th day of November, 2007.

The petitioner had previously filed with the Board of Elections, specific objections to the Designating Petitions, pursuant to Election Law §6-154. The Board of Elections ruled that the Designating Petitions were valid, to the extent that the Commissioners could not agree upon the validity of the objections. By Order to Show Cause signed by this Court (DeMaro, J.) dated

August 1, 2007, this proceeding was commenced by petitioner. Upon recusal by Justice DeMaro, and upon random assignment, the matter was assigned to this Court for determination.

On yesterday's return date, August 7, 2007, counsel for the parties provided oral argument, and stipulated to certain facts.

Respondent urges that the petitioner, a registered member of the Republican party, has no standing to invalidate the designating petition here. A non-party member will be denied standing to commence a proceeding seeking to invalidate the designation of a candidate of an opposing party where the underlying challenge is to the internal affairs or operating function of a political party in its designation of candidates. See, Breslin v. Connors, 10 AD3d 471; Matter of Koppell v. Garcia, 275 AD2d 587; Matter of Krupczak v. Mancini, 133 AD2d 288; Matter of Sullivan v. Longo, 286 AD2d 1002; Matter of Bennett v. Justin, 77 AD2d 960, affd. 51 NY2d 722.

Ultimately, the standing issue evolves upon whether the underlying challenge is to the internal affairs and/or operating of a political party in its designation of candidates or, rather, to a legislatively mandated requirement of the Election Law. See, Matter of Stempel v. Albany County Bd. Of Elections, 97 AD2d 647, affd. 60 NY2d 801.

The type of challenges asserted by the petitioner clearly provide standing as to one issue, and underscore his lack of standing to the other.

That branch of the petition relating to the purported flaw in the notary acknowledgment is properly raised, as it relates to a legislatively mandated requirement of the Election Law. See, Election Law § 6-132(1), and Election Law § 6-140. Upon review of these petitions, the acknowledgments and language therein are gender indicative, and are in substantial compliance with Election Law § 6-132(1) and Election Law § 6-140. See, also, Irvin v. Sachs, 129 AD2d 827; General Construction Law § 22.

That portion of the petition urging that respondent is a "shill" of the Democratic Party, based upon an admission in a Newsday story conceded to have been said by the respondent, falls "within the internal affairs and operating function of a political party in the designation of its candidates." See, Matter of Stempel v. Albany County Bd. of Elections, 97 AD2d 647, affd. 60 NY2d 801. That the Conservative Party itself has not sought, or will not seek a judicial determination to remove the registration of respondent pursuant to 16-110(2), or what the political motivations or role of the respondent are within the Conservative Party bespeaks "to the internal affairs and/or operating function of a political party in its designation of candidates." See, Matter of Stempel v. Albany County Bd. Of Elections, supra. These interests are "within the mere regulation of the affairs of a political party" that do not give the petitioner, a registered Republican, standing to assert his concerns as it relates to a Conservative Party matter. See, Matter of Koppell v. Garcia, 275 AD2d 587; Matter of Swarts v. Maloney, 123 AD2d 520.

As the petitioner lacks standing to assert these political affiliation claims [see Election Law § 16-110(2); Rivera v. Espada, 98 NY2d 422], the Court is constrained to dismiss that branch of his petition asserting same. [*2]

That part of the petition relating to line by line challenges, has been withdrawn by the petitioner, upon efficacious efforts by both counsel with assistance of the Nassau County Board of Elections.

Accordingly, it is

ORDERED, that the petition is dismissed in its entirety.

Dated: Mineola, New York

August 8, 2007

E N T E R :

_____________________________

HON. ROBERT A. ROSS

J.S.C.