The fate of an independent line in New Scotland is now in the hands of a New York State Supreme Court judge, according to the Board of Elections.
The New Scotland First line, created by Town Board candidates Roz Robinson, Tim Stanton and supervisor candidate Mike Fields has been challenged by resident John Dearstyne, and is awaiting action by Judge Joseph Teresi, according to information from the state Supreme Court clerk's office in Albany County.
No date has been set for a hearing, but Robinson said the trio is hopeful for a dismissal of the objections.
Right now that's in limbo, said Matt Clyne, Democratic commissioner for the Albany County Board of Elections.
Clyne said the board did not find any "record evidence" to eliminate the independent nominating petition brought up by the trio, but said the objections filed are now matters of law, and require a court proceeding.
"We don't get into fraud or caucus attendance," Clyne said.
At the time, Clyne said, the board ruled on the face value of the petition, and was not able to discredit it based on the number of valid signatures the petition appeared to have.
Robinson said it is unfortunate that residents of New Scotland who signed the petition could be forced to take time off work if they are subpoenaed and taxpayer dollars are being spent to deal with the issue.
She said action was possible on the morning of Sept. 9, but instead, legal counsel will have time to review all pertinent literature recently handed in from the County Board of Elections.
Fields said he is upset Dearstyne, a fellow Republican, is trying to knock his second line off the ballot, and he said he is hopeful the judge rules in favor of New Scotland First.
"I guess I'm not used to the type of politics we're dealing with here," he said. "Democrat or Republican, I don't understand why they're contesting it so much. Maybe they're running scared."