The New York Appellate Division has ruled to invalidate the nomination petitions of two candidates for the Conservative Party in an upcoming primary election. This decision affects Carl Fulgenzi, Jr. and Richard B. Benkwitt, who were seeking nominations for local government positions in the Town of Mount Pleasant. The ruling is significant as it emphasizes the importance of compliance with election laws and the integrity of the electoral process.
The case, titled Matter of Abinanti v. Fulgenzi, was decided on May 14, 2026, under docket number 2026-04181. The ruling came after a challenge was raised against the validity of the designating petitions filed by Fulgenzi and Benkwitt. The court's decision to invalidate these petitions could have implications for the candidates' political futures and the Conservative Party's representation in the upcoming election.
Background
The dispute in this case arose when Thomas J. Abinanti, the petitioner, filed a legal challenge against the designating petitions of Fulgenzi and Benkwitt. Abinanti claimed that the signatures on the petitions did not comply with the requirements set forth in New York's Election Law. Specifically, he pointed out issues with the notarization of signatures on Sheet No. 3 of the petition.
The legal proceedings began on April 17, 2026, when Abinanti initiated the challenge under Election Law § 16-102. The case was heard in the Supreme Court of Westchester County, where Judge Rolf M. Thorsen presided. Following a hearing, the court issued a final order on April 24, 2026, granting Abinanti's petition and invalidating the designating petition.
The Ruling
The Appellate Division upheld the lower court's decision, affirming the invalidation of the candidates' designating petition. The court found that the signatures witnessed by notary Helen N. Keating did not meet the necessary legal standards. In its ruling, the court stated, "The record demonstrates that Keating neither administered an oath to the signatories 'in a form calculated to awaken the conscience and impress the mind of the person taking it..." This failure to comply with the notary requirements led to the conclusion that the signatures were invalid.
The opinion also referenced prior cases to support its decision, noting that the designating petition failed to substantially comply with the notary requirements of Election Law § 6-132(3). As a result, the court determined that there were not enough valid signatures on the petition for Fulgenzi and Benkwitt to qualify as candidates. The judges on the panel included Betsy Barros, Cheryl E. Chambers, Paul Wooten, James P. McCormack, and Lisa S. Ottley.
Impact
This ruling has significant implications for the candidates and the upcoming primary election scheduled for June 23, 2026. By invalidating the petitions, the court has effectively removed Fulgenzi and Benkwitt from the ballot, which could reshape the dynamics of the Conservative Party's representation in the local government.
The decision underscores the importance of adhering to election laws and the rigorous standards required for the validation of candidate petitions. It serves as a reminder to candidates and political parties to ensure that all aspects of their nomination processes comply with legal requirements. This ruling may also influence future cases involving election law and the validity of candidate petitions.
What's Next
As of now, it is unclear whether Fulgenzi and Benkwitt will appeal the decision. They have the option to seek further review, but details about any potential appeal were not available in the court filing. The outcome of this case could set a precedent for future challenges related to election law and candidate nominations in New York.