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Appointing an individual to serve as an election commissioner

Appointing an individual to serve as an election commissioner
Wood v County of Cortland, 2010 NY Slip Op 03517, Decided on April 29, 2010, Appellate Division, Third Department

A County Legislature has the authority to appoint an Election Commissioner where the mechanism for making such an appointment set out in Election Law § 3-204 did not result in a valid appointment to the vacancy.

In considering this appeal, the Appellate Division noted that the Legislature and the relevant party caucus were deadlocked about their decision as to whether to reappoint the then incumbent, William J. Wood, to the position. Wood, however, "presumed" that he had been reappointed and took the required oath of office for the period commencing on January 1, 2009.

The County Legislature subsequently adopted a resolution declaring Wood's "appointment" a nullity. Wood then asked Supreme Court to annul the Legislature's resolution.

Supreme Court rejected Wood's petition seeking to vacate the Legislature's resolution, holding that he had not been validly appointed to the position of Election Commissioner.*

Under the circumstances, said the Appellate Division, the Legislature was required to fulfill its constitutionally based duty to appoint an Election Commissioner, which it then did by appointing Thomas Brown to the vacancy.

The Appellate Division explained that as Wood had not be "validly" appointed to the position, the Legislature was free to appoint any eligible person to the vacant Election Commissioner position.

* Wood did not file a timely appeal challenging this ruling.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_03517.htm

Full post as published by New York Public Personnel Law on May 10, 2010 (boomark / email).