Schoharie County Democratic Committee Files Legal Challenge Against Board of Supervisors for Violating Election Law

SCHOHARIE – In a decisive vote, the Schoharie County Democratic Committee voted on March 4 to fund a law firm to file an Article 78 proceeding against the Schoharie County Board of Supervisors. That article was filed last week. This legal challenge comes in response to the Board’s failure to follow New York State Election Law in the appointment process for the Democratic Commissioner of the Schoharie County Board of Elections.

The committee asserts that the Board of Supervisors disregarded legal procedure by refusing to consider the committee’s recommended candidate, Michael Dugan, and instead unilaterally appointed their own choice without proper authority.

To fight back, we have secured legal representation from the Luibrand Law Firm, a respected firm with a strong track record of holding government officials accountable. This is a serious legal challenge, and we are committed to seeing it through. 

“The Board of Supervisors is not above the law,” said Theresa Heary, Chair of the Schoharie County Democratic Committee. “Election Law is clear that the role of the party committee is to put forth a qualified nominee. The Board can reject the committee’s recommendation, but it cannot unilaterally install someone they choose. By ignoring this process and appointing their own candidate, they have overstepped their legal bounds. Their action undermines the integrity of the county’s electoral process and sets a dangerous precedent for political interference in election administration.”

“This is not just about one appointment; this is about the Board of Supervisors manipulating the system to exert control over an office that is meant to be independent,” Heary added. “Their actions violate the democratic principles that ensure fair elections in Schoharie County.”

The Article 78 proceeding is a legal process that allows individuals or entities to challenge the actions or decisions of government agencies or officials. It is essentially a mechanism for judicial review of administrative actions. Further updates on the legal proceedings will be provided as they develop.