Appellate Division, Second Department · September 15, 2026 · 2026 NY Slip Op 05257
Matter of Mitchell v NYC Bd. of Elections
Read the official decision: 2026 NY Slip Op 05257
Holding The court affirmed the denial of the petition to validate an independent nominating petition because the petitioner failed to strictly comply with Election Law § 6-140(1)(a) by omitting the name of the independent body. The court determined that this omission constituted a fundamental flaw rather than a de minimis scrivener’s error, rendering the petition invalid.
The court’s words
While substantial compliance is acceptable as to details of form, there must be strict compliance with statutory commands as to matters of prescribed content
2026 NY Slip Op 05257, at the official text
the failure to conform with its requirements constitutes a fundamental flaw in the petition
2026 NY Slip Op 05257, at the official text
Mitchell failed to include the name of the independent body making the nomination on the independent nominating petition
2026 NY Slip Op 05257, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 15, 2026 |
| Citation | 2026 NY Slip Op 05257 |
| Area of law | Election Law |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05257 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 438 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Mitchell v NYC Bd. of Elections, 2026 NY Slip Op 05257 (Appellate Division, Second Department, September 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05257/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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