Judge overrules decision to disqualify Bruce Blakeman from state matching funds

ALBANY — A state Supreme Court judge ruled Tuesday that Nassau County Executive Bruce Blakeman should be allowed to participate in the state’s matching funds program in his race for governor.

Justice Denise A. Hartman decided that a decision by the state Public Campaign Finance Board to remove Blakeman over a paperwork error was arbitrary and capricious.

Blakeman is the Republican nominee for governor, seeking to unseat Democratic Gov. Kathy Hochul.

In her decision, Hartman wrote that the board failed to notify Blakeman that his application was incomplete because his lieutenant governor candidate, Madison County Sheriff Todd Hood, had not also filed to participate in the matching funds program.

The board's decision denied Blakeman access to up to $3.5 million in campaign funds, which could prove crucial because Hochul is nearly $20 million ahead in fundraising, according to the latest available records.

Hartman, a Democrat, said the board should have given Blakeman an opportunity to fix the issue before ruling he was ineligible.

Blakeman’s attorney Adam Fusco said his campaign was pleased with the ruling, calling it a victory for democracy. "The court saw through the PCFB’s partisan hidden ball tricks and rendered a fair and equitable decision. Democracy is about fostering participation in the electoral process, not playing partisan politics designed to weaponize the system and clear the field of meaningful competition."

Blakeman praised the decision in a statement.

"Attempts to rig the system and cheat my campaign out of matching funds was sharply rebuked by Justice Denise A. Hartman, who laid out a well-reasoned opinion based on the facts and the law. Nothing will stop us in our mission to save New Yorkers from high taxes, out of control utility rates, and increasing crime," he said.

Brian Keegan, the Democratic co-director of the board, said the decision should not be taken as confirmation that Blakeman’s campaign followed the board’s rules and indicated that Democrats on the board intend to appeal.

"The ruling allows this campaign to address their missed filing months after the deadline, which is why an appeal is likely," he said. "The question is whether a campaign seeking public funds gets another chance after failing to meet a mandatory filing deadline on time."

Changing law

A key element in Blakeman’s lawsuit is a new state law, signed in 2025, that ended separate primaries for governor and lieutenant governor, putting the two on a single ticket.

Under the law, Blakeman and his running mate Hood, should have filed a "joint certification" application to the Public Campaign Finance Board. The board received an application only from Blakeman.

Blakeman filed for the matching funds program in December, days after announcing his campaign, and didn't have a running mate at the time. He received notice from the board he was certified for the program and in January, he completed a training course.

During oral arguments before Hartman earlier this month, attorneys for the state board conceded that the board never created a form for both candidates on a ticket to fill out.

Fusco argued that the board erred further because it never bothered to tell candidates in the program specifically how they should file a joint application.

Program requirements

An attorney for the state board as well as the state’s two Democratic Board of Elections commissioners argued that Hood still had a duty to register for the matching funds program under state law.

Because Hood did not register, the board did not have a duty to notify Blakeman that his campaign was in violation of the program’s rules, he said.

Hochul is not participating in the matching funds program.

Hochul campaign spokesperson Sarafina Chitika said her campaign is focused on winning.

"While Bruce Blakeman burns campaign cash on his Trump loyalty tour, promising to bring his toxic ICE partnership and untrained, armed MAGA militia to the entire state, Gov. Hochul is focused on lowering costs and fighting back against Trump," Chitika said in a statement.

Blakeman sued the board in April after it voted 4-3 along party lines to remove his campaign from the program. The program is available to gubernatorial candidates for the first time in 2026.

To qualify for matching funds, any candidate for governor must raise a total of $500,000 from at least 5,000 state residents who give $1,050 or less. The first $250 of those contributions are matched 6-1 by taxpayer dollars — which could mean millions of dollars to a candidate. The program was enacted in 2023 to help low-donor candidates run against deep-pocketed ones.