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Write-in candidates call on city to take legal action to change November ballot

Posted 8/24/19

OGDENSBURG – Write-in candidates for Ogdensburg city council and mayor are calling on the city to take legal action to have the November ballot follow the city charter. “The November ballot for …

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Write-in candidates call on city to take legal action to change November ballot

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OGDENSBURG – Write-in candidates for Ogdensburg city council and mayor are calling on the city to take legal action to have the November ballot follow the city charter.

“The November ballot for the Ogdensburg City Council race is not legal. The City Charter is clear. It states that all Council candidates must run against each other in an at-large election. Only the City Council can correct this by challenging the ballot in Court,” said a statement issued to the press by John Rishe, who is seeking a seat on the city council, and Jeffrey Michael Skelly, who is running for mayor said.

“The primary election and the fall ballot set up a special Council race for one of the four seats. This does not comply with the Charter, and needs to be corrected. Local law dictates this in the Charter,” their prepared statement said.

Skelly and Rishe requested the Council challenge the validity of the ballot to make it comply with the Charter.

“Given that they took no action at their meeting after a 45-minute executive session discussion of this matter we believe that the Council intends to do nothing to uphold the rules of the City Charter. Their inaction speaks loud and clear,” the statement says.

Council did discuss the issue in executive session on Monday. After returning to the public meeting, Mayor Wayne Ashley said the attorney would be reviewing the issue, but no action has yet been taken.

Elections officials have said that without a legal challenge and ruling by a judge, the November ballot will follow state elections law, which says partial term seats are handled separately from full term seats.

“It is not our responsibility as private citizens to challenge the validity of the ballot in Court. Our responsibility was to bring it to the attention of the public and our elected officials. We did. It is the City Council’s obligation and responsibility as our public leaders to challenge the ballot in court. The voters of the City of Ogdensburg have standing in court, and they are represented by our elected officials. The Council should stand up for the voters and ask a judge to ensure the November ballot follows our local laws. If they take no action, it is all the more reason to vote them out of office in November. The ballot will be certified in early September, so time is of the essence,” the statement from Skelly and Rishe says.

The write-in candidates also criticized the council for discussing the issue in executive session.

“They had no legal standing to discuss this behind closed doors. The Open Meetings law is clear, and there is no legal reason in the law that permits them to discuss your elections behind closed doors,” the said. “This was an illegal executive session.”

However, discussions regarding proposed, pending or current litigation are permitted to take place, according to the state’s open meeting laws. Due to the fact that action to change the November ballot would require litigation, the executive session was likely permitted under New York State law.