GUILDERLAND — The complicated election law case between a Democratic Guilderland councilman — Michael Ricard — and a Republican challenger — Warren Redlich — just got more complicated.

On Tuesday, an Appellate Division panel granted an appeal to invalidate Redlich’s petition to run on the Republican ticket for Guilderland Town Board in November.

However, Redlich is still on the ballot and a split vote from the Albany County Board of Elections means that he may or may not stay there. Although Redlich’s first petition is no longer valid, he filed a second petition of substitution on Aug. 1, past the July 26 deadline.

Redlich used the wrong form in his first petition.

His second petition was not challenged and was accepted by the county board of elections. Redlich was substituted for Barbara Davis on the Republican ticket after she declined the nomination.

She was running with Republican Mark Grimm at the time. Davis now chairs Guilderland’s Republican Party and Grimm is still running for town board as a Republican; he is also seeking the Conservative line in Tuesday’s primary.

Incumbent Democratic Councilman Michael Ricard filed a suit against Redlich after his first petition was filed because, he said, Redlich did not have the majority of the committee to fill vacancies sign his petition.

Ricard lost his first suit last week in Supreme Court, the lowest level in the state’s three-tiered system. But he was successful in an appeal in the court’s Third Judicial District, Appellate Division, which reversed the lower court’s decision. The unanimous five-judge decision, however, did not comment on Redlich’s second petition.
The court’s decision stated, "Inasmuch as the validity of the certificate of substitution filed on August 1, 2007 is not properly before us, we will not consider it."

The decision was then sent back to the board of elections, which is run by a Republican and a Democratic commissioner. The commissioners voted along party lines in a 1-to-1 vote, pushing Redlich’s candidacy back into a legal battle between lawyers.
Ricard’s lawyer, Peter Barber, hailed Tuesday’s ruling as a success and said that his client never wanted to "knock Redlich off the ballot." Barber contends that Ricard only wanted to "preserve the integrity of the election process."

Responding through The Enterprise, Redlich said Ricard has "obviously become a political insider" and is using dirty tactics to "deprive the voters of a choice."
"If you’re a political insider, this is one of the tricks you use to knock out other candidates," Redlich said. "Why would he try to do this""Is he worried about me" As an incumbent, you would think Mike Ricard would have clobbered me in an election."
Ricard maintains that election laws and procedures need to be followed by candidates and that the decision to sue Redlich was "nothing personal." Ricard is the longest-serving board member in Guilderland, with 11 years as a councilman.
Redlich said he is pleased to still be on the ballot, but that, if he is removed, he will not mount a "write-in" campaign. Instead, Redlich said he will make a concerted effort to let voters know "why Mike Ricard kicked me off the ballot.
"I don’t have a party financing my campaign"I am paying for this out of my pocket," Redlich said. "If I had to, I would send postcards to every resident in Guilderland and I would write, ‘Listen, you can’t vote for me, and here’s why.’ And I would hand sign each one."

The Albany County Board of Elections’ Republican Commissioner John Graziano said, one way or the other, he thinks a decision should have been made.
"What happened next is that we took the position 1-to-1 to keep him on, with me voting for him," Graziano said of Redlich’s candidacy. "We accepted his petition, it was date-stamped, and we didn’t contest it"We thought the courts would make the decision on this."

Graziano said that election case’s like this are extremely complicated and that the court should have made a decision on the matter instead of sending it back to the board of elections unresolved.

Barber told judges on Tuesday that he doesn’t believe candidates should be granted or denied candidacy based on whether or not their submission was accepted or challenged by the board of elections.
"I can’t ask for something that I wasn’t aware was out there," Barber said of Redlich’s second petition filed after the deadline. "Why would we look after the deadline""
Graziano disagreed, saying, "Historically, everything is accepted"and if nobody challenges it, it stays that way."

According to New York State Election Law, a respondent has three days to appeal a substitution petition filed with the board of elections, said Barber.
"I would say ‘Let them decide,’" Graziano said of Tuesday’s appeal. "But they threw it back at us."

Barber said he is waiting for a written submission by the board of elections, stating they have voted on Redlich’s second petition.

Redlich said that, voters, not judges, should make this type of decision.
As it stands right now, Graziano said of Redlich yesterday, "He’s on the ballot for this fall."