NY Supreme Court Justice Hon. Alan D. Scheinkman dismissed Former Rockland County Board of Elections Commissioner Lou Babcock’s suit seeking court intervention on his ouster as BOE commissioner. Babcock claimed the Republican Party inappropriately removed him via dictate of the Executive Committee instead of allowing the full Republican Committee to vote.
Hon. Scheinkman said the Executive Committee had the right to act as it did according to both Republican bylaws and state statute.
The judge’s opinion said, “The statute is crystal clear that party recommendations for election commissioner are to be made by the county committee or by such other committee as the rules of the party may provide (Election Law, § 3-204[21). The By-Laws of the Rockland County Republican Committee, a copy of which is annexed to the Petition and the authenticity of which has not been disputed, provide, as follows in Section 6 (Subdivision F): F. The Executive Committee shall have the full power of and act in the place and stead of the County Committee when the full County Committee is not in session including the selection of candidates and appointments.”
Babcock has not indicated whether he will appeal the ruling.