The Schoharie County Democratic Committee has hired a law firm to file an Article 78 proceeding against the Schoharie County Board of Supervisors.
The legal challenge charges that supervisors failed to follow New York State Election Law in the appointment process for the Democratic Commissioner of the Schoharie County Board of Elections.
Supervisors disregarded legal procedure by refusing to consider the Democratic Committee’s recommended candidate, Michael Dugan, and instead reappointing incumbent Clifford Hay without proper authority, the suit charges.
Democrats have hired the Luibrand Law Firm, which they said has a “strong track record of holding government officials accountable.”
“The Board of Supervisors is not above the law,” said Theresa Heary, chair of the Schoharie County Democratic Committee.
“Election Law is clear that the role of the party committee is to put forth a qualified nominee. The Board can reject the committee’s recommendation, but it cannot unilaterally install someone they choose.
“By ignoring this process and appointing their own candidate, they have overstepped their legal bounds. Their action undermines the integrity of the county’s electoral process and sets a dangerous precedent for political interference in election administration.”
The Article 78 proceeding is a legal process that allows individuals or entities to challenge the actions or decisions of government agencies or officials.
It is essentially a mechanism for judicial review of administrative actions.
“This is not just about one appointment; this is about the Board of Supervisors manipulating the system to exert control over an office that is meant to be independent,” Ms. Heary added.
“Their actions violate the democratic principles that ensure fair elections in Schoharie County.”