Byron W. Brown, the petitioner, sought to have his name included on the November 2, 2021 general election ballot for Mayor of Buffalo after failing to secure the Democratic Party nomination in the primary election. He filed an independent nominating petition for the Buffalo Party on August 17, 2021, which was subsequently invalidated by the Erie County Board of Elections due to its untimeliness under Election Law § 6-158 (9). This section, amended in 2019, stipulated that independent nominating petitions must be filed between 24 and 23 weeks before an election, with the 2021 filing window being May 18 to May 25. Brown initiated a proceeding claiming the statute was unconstitutional, arguing the deadline was excessively early. The Supreme Court of Erie County ruled in his favor, declaring the law unconstitutional and ordering his name on the ballot. However, on appeal, the Appellate Division reversed the lower court's decision, dismissing the petition, vacating the declaration, and emphasizing that states have the authority to regulate their elections, including establishing reasonable deadlines for nominating petitions.
The scrutiny applied to evaluate the constitutionality of state election regulations hinges on the extent of the burden imposed on candidates' and supporters' constitutional rights. Severe burdens necessitate that laws be narrowly tailored to serve a compelling state interest. Conversely, reasonable, nondiscriminatory restrictions can be justified by important regulatory interests and are subject to a deferential review that does not require extensive empirical evidence. The overall election regulation framework of a state must be assessed to determine the severity of restrictions, with severe burdens typically characterized by exclusion from the ballot.
In reviewing New York's election laws for independent candidates, no exclusion was found. Candidates for party designations in 2021 gathered signatures from March 2 to March 25, with the primary on June 22. Independent candidates collected signatures from April 13 to May 25. An independent petition for mayoral candidacy requires 750 signatures, while party candidates need 600 signatures. These rules for independent candidates reflect similar regulations in other states that have not been deemed to impose severe burdens. It is reasonable to expect that a diligent candidate could meet New York's requirements to appear on the ballot, and the election laws do not unfairly discriminate against independent candidates. Consequently, Election Law § 6-158 (9) imposes only a minimal burden on the constitutional rights of these candidates and their supporters.
Petitioner challenges the application of Election Law § 6-158 (9) in the context of a Buffalo mayoral race, arguing that it does not affect national interests. Historically, constitutional challenges to state election laws have predominantly arisen in the context of federal elections. The petitioner does not fit the typical 'independent candidate' profile that prior cases aimed to protect, as he has held elective office for 25 years, served four terms as Mayor, and chose to enter the Democratic primary instead of filing an independent petition. States are allowed to restrict candidates who lose a primary from running on another ballot line. The review of regulations that do not impose a significant burden on constitutional rights is less stringent. Several state interests justify the deadline set by Election Law § 6-158 (9), including maintaining electoral integrity, promoting political stability, and fulfilling federal obligations related to overseas and military ballots. Therefore, the law is not unconstitutional, and the court's decision to grant the petition was incorrect. The court does not need to consider additional arguments from the respondent due to this conclusion.
