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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
CourtAppellate Division, Second Department
DecidedSeptember 15, 2026
Citation2026 NY Slip Op 05257
Area of lawElection Law
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05257
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id438

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/

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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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Published September 15, 2026. Updated September 15, 2026.