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Saratoga Springs council advances special-election resolution amid threats of legal challenge
Summary
Council will formally move a resolution to initiate a special election to fill a vacancy in the public works commissioner’s office; debate turned heated as a council member accused the county elections commissioner of bias and said the city should be prepared to file an Article 78 challenge if ballot access is denied.
The Saratoga Springs City Council said it will bring forward a resolution to initiate lawful procedures for a special election to fill a vacancy in the office of Commissioner of Public Works, directing the Commissioner of Accounts to coordinate a schedule with the Saratoga County Board of Elections and citing the New York State Constitution, the Public Officers Law and the Election Law as guiding authorities.
The mayor read the resolution and said it gives the clerk “carte blanche” to move the election forward. He said the council’s intent is to act “as soon as reasonably possible” while ensuring the process is fair and lawful.
The item prompted a prolonged and at times heated exchange over timing and county cooperation. Commissioner Cole urged the council to secure protections in the draft and said the county Republican commissioner had publicly stated he would refuse to process the city’s request. Cole told colleagues the city should be ready to pursue an Article 78 challenge in court if the county refuses to allow the election. "If somebody tells me they're not gonna let us do something that we lawfully can do before we go do it, then I want to have the strength behind this so that we're not arguing about a lawyer," Cole said.
The mayor and other members disagreed on whether to delay action to pursue internal negotiations or to move ahead immediately with the resolution and the petition process. The mayor emphasized that setting a date triggers the petition process and said he wanted to get the mechanics in motion while giving election officials adequate notice.
No vote on the special-election resolution was recorded at this meeting; the mayor said he will bring the resolution for consideration on Tuesday. The council also noted it will forward the resolution to the Saratoga County Board of Elections for scheduling and review.
Authorities cited in the council discussion included the New York State Constitution, the New York State Public Officers Law and the New York State Election Law.
