Pinsky Law Group Victorious in Fire District Election Case

In June 2013 the Pinsky Law Group obtained a favorable decision from the Second Department, Appellate Division.  The Court unanimously upheld the trial court’s decision that the Election Law does not apply to Fire District elections unless the Election Law is specifically incorporated.  In this case, the Fairview Fire District provided an affidavit ballot to a voter which claimed to have been registered to vote in the fire district but was erroneously omitted from the voter registration list.  Although the Fire District elections committee made good faith efforts to obtain an affirmation ballot from the voter, the election committee did not strictly comply with the Election Law’s requirements for affidavit ballots.  The Court held that strict compliance was not required, as the Election Law governing affidavit ballots did not apply to Fire Districts.  The individual’s vote was permitted to be included, causing a tie vote among the candidates and requiring a new vote to be held.  This case serves to protect Fire Districts from having to comply with the strict and numerous requirements of the Election Law in the many instances when the legislature did not intend for fire districts to comply.