ALBANY — Republican Jack Martins is considering an appeal to Tuesday’s federal court decision that rejected his bid to move the general election for the 3rd Congressional District to December.
He has filed a notice of appeal, which reserves his right to further escalate his legal challenges in the race, a spokesman said Wednesday. On Tuesday in U.S. District Court (read about it at http://nwsdy.li/2bBL1ei) here, Judge Frederick J. Scullin Jr. rejected Martins’ effort to change the general election from Nov. 8.
Martins’ previous challenge to the nominating petitions of Republican rival Philip Pidot, a Glen Cove financial analyst, took so long that the June Republican congressional primary was moved to Oct. 6. Martins now argues that the general election should also be moved to allow adequate time for the winner to campaign against Democratic candidate Thomas Suozzi and to comply with a federal law that requires 45 days for ballots to be able to reach military and overseas voters.
Scullin ruled that because the U.S. Department of Defense granted a waiver on Monday to its 45-day regulation, there was no need to change the general election for the 3rd Congressional District race to December.
“Because Jack Martins believes we need to protect the rights of the men and women in uniform who fight for us every day, his attorneys filed a notice of appeal,” said Martins spokesman E. O’Brien Murray.
The Pidot campaign on Wednesday said Martins was “suing to the point of buffoonery,” according to Pidot spokesman Bill O’Reilly.
“The Department of Defense, the New York State Board of Elections and a U.S. District Court judge have all ruled that every single vote from the military will be counted, but it seems Jack Martins thinks he knows better than them,” said Kim Devlin, a spokeswoman for Suozzi, the former Nassau County executive. “It is obvious that Martins knows he can’t beat Tom Suozzi fair and square, so he continues to, cowardly, try to turn this race into a legal quagmire.”
She noted there has been bipartisan opposition from New York City and Nassau elections officials to moving the general election to December, which would cost an estimated $1 million and attract 100,000 fewer voters for the race than if it was on the November ballot.