I was talking with some veteran politicos and operatives today who don't really have a dog in the Blankenbush-McGrath petition battle.
At issue is not the number of signatures. It is conceded there are enough for the Democratic and Independence nominations for McGrath.....It is a form issue as the petition says New York State Assembly-122nd District, instead of Member of Assembly.......
One GOP type told me the same matter has been litigated and the distinction will hold and McGrath is off.....Others weren't so sure.
Another opinion is the phrasing is not enough of a distinction so as to confuse signers so they wouldn't know what they were authorizing.
Since there were sufficient signatures, party members have legitimately expressed their desire for a candidate to run in the political subdivision known as the 122nd Assembly district. Therefore, my ruling is so as not to penalize the signers (it is, or should be, about them) the appellate court should at least order an opportunity to ballot for September 14.
An OTB is a write in primary in which no name appears on the ballot. This would protect the sufficient number of party members who did sign.
These decisions need to be about the voters and in the absence of a reversal, the OTB is clearly the best option as it allows voters in the two affected parties retain their franchise.
Isn't that what those folks at Valley Forge, Gettysburg and Normandy died at least in part for ?