Staying power
Judge allows Redlich to stay in town race



GUILDERLAND — As a contentious battle for the Guilderland Town Board heats up, Republican Warren Redlich will remain on the ballot — for now.

A state Supreme Court judge has dismissed Democratic Councilmen Michael Ricard’s petition to remove Redlich from the Nov. 6 ballot.

Ricard is the longest-serving member on the currently all-Democratic town board. He and his lawyer, Peter Barber, have not announced if they will appeal the decision, but say, that if they do, they will mostly likely do so within the week.
"Whatever we do, we plan to do it quickly," Barber said.

Redlich is running with fellow Republican Mark Grimm in a four-way race for two open seats on the board.
"I’m very happy to be on the ballot," Redlich said on Tuesday. "If you’re going to try to hold someone on a technicality, you better make sure you’ve covered your own technicalities," he said of Ricard’s objections to his candidacy.

Ricard filed an objection on July 30 against Redlich’s substitution nomination on the Republican ticket after another candidate bowed out of the race.
His lawsuit claimed that Redlich’s nomination was signed by the Albany County Republican chair on July 26, and "did not constitute a majority of the committee to fill vacancies as required by Election Law"," according to court documents.
"My argument still stands".I don’t think the judge wanted to make a decision," Ricard responded to the ruling. "I feel vindicated by the ruling," he added about the judge’s acknowledgment that Redlich’s second petition was late.

Supreme Court Justice Roger D. McDonough sided with Redlich because of a second petition he filed with the county board of elections, on Aug. 1, two days after Ricard filed his legal challenge.

The Aug. 1 certificate of substitution was, like the July 26 certificate, executed by just two people; it was accepted by the board of elections and not contested.

Ricard and his attorney, Barber, contend that Redlich’s Aug. 1 petition is past the deadline set by state Election Law and is invalid. However, the time allotted to object to the Aug. 1 petition submission has expired.
"The same rules should apply to everyone," Barber said of filing requirements. "Late filing is a way of getting around statutory requirements." Barber said that this case could set a dangerous precedent for future races.

Redlich maintains that he followed proper procedure in filling out his paperwork with the county board and pointed to the court’s decision as validation.
"Based upon the Aug. 1 Certificate, respondents contend that this proceeding is moot. Specifically, they contend that even if the court were to invalidate the July 26 Certificate, the Aug. 1 Certificate has been accepted by the board"," Judge McDonough wrote in his Aug. 29 ruling.
"[Ricard] counter[ed] with the argument that the Aug. 1 filing is a legal nullity and fatally flawed based on its untimeliness," the ruling continued.

Judge McDonough reasoned that Ricard’s objection only sought to invalidate Redlich’s July 26 petition and did not object to his Aug. 1 submission.
"As such, this court is powerless to invalidate the Aug. 1 certificate which has been accepted"," Judge McDonough concluded. "Based on the foregoing, the instant petition is moot, as any decision rendering the July 26 certificate invalid would have no effect on the validity of the Aug. 1 certificate."
Redlich has repeatedly criticized Ricard for trying to remove him as a potential challenger on "a technicality," but Ricard says Redlich was not validly nominated and is using outside sources to mount a campaign in Guilderland.

Both Redlich and Ricard have written letters to The Enterprise editor during the past several weeks, making various charges about each other’s campaigns. Redlich asserts that Ricard’s property is under assessed and Ricard has chastised Redlich for not respecting the assessor.

Barbara Davis of Altamont was originally one of the Republican nominees, along with Grimm, for town council but then she declined the nomination. Redlich, who was helping her to campaign at the time, was substituted for the spot.

Davis this week was named chair of the town’s Republican party after Albany County Legislator Lee Carman stepped down from the post, citing a conflict of interest. (See related story.)

David Bosworth is the other Democratic candidate, besides Ricard. Bosworth also serves as the chair of the Guilderland Democratic Party and the co-chair of the Albany County Democrats.

Ricard told The Enterprise Tuesday that he is confident in his campaign and pointed to his long tenure as proof that voters believe he is doing a good job. He has been on the board for 11 years, having been elected to one three-year term to fill a vacancy, and two four-year terms.
Redlich said Tuesday that he is pleased to officially be on the ballot and added, "This leaves Mike Ricard with explaining why he tried to knock me off the ballot.
"He said before that he would debate me anytime, anywhere, on anything," Redlich said. "I’m challenging him to debate me on ballot access"Was it appropriate to try to knock me off the ballot""

Ricard said there are no debates scheduled for the town board’s general election in November, but did not rule out the possibility.