For want of an initial, the race was lost — unless a judge steps in.
Republican Assembly hopeful Mike Yacubich filed a lawsuit last week to overturn a decision by the Suffolk County Board of Elections that removed him from the primary ballot against Assemb. Anthony H. Palumbo (R-New Suffolk).
Yacubich gathered signatures to qualify for the September primary as “Mike Yacubich,” listing his Shoreham address. But both Michael B. Yacubich, the candidate, and Michael V. Yacubich, his son, are registered to vote at the address.
“The candidate’s choice to use an informal name while there are two people with the same name at the same address, leads to voter confusion,” Republican Commissioner Nicholas LaLota said in an interview. He and Democratic Commissioner Anita Katz upheld the objection to Yacubich’s petition.
Yacubich, an accountant and Rocky Point Fire Department chief, said he followed state guidelines and lawyers' advice when preparing petitions, which allows the use of informal names.
“It was very professionally done,” he said. His challenge to the Board of Election decision will be heard Tuesday in state Supreme Court.
Yacubich said his son has not lived with him for at least a year and a half.
“They probably would’ve found some reason to try and keep me off the ballot,” he said. “What we’re trying to do is give the voters of the district some options.”
Palumbo said whether Yacubich is on the ballot or not, “I’m really running on my record. I think I’ve had some good success in my first few years of office.”
Rona Smith of Greenport, chairwoman of the Southold Town Housing Advisory Commission, is the Democratic candidate in the 2nd District race.