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Police Commissioners Approve Election Ballot

Petition filing deadline upheld.

Port Washington voters will see only one name – Angela Lawlor-Mullins – on the ballot when voting on Dec. 11 for police commissioner. The decision was determined at a meeting Friday, when the Port Washington police commissioners voted to authorize the ballot for the upcoming election. Lawlor-Mullins, the incumbent, is running for re-election. 

Port Washington resident Reed Markham had asked the commissioners to consider extending the Nov. 1 election petition filing date due to Superstorm Sandy. The petition he submitted on Nov. 8 had been returned to him. 

The police district charter requires that election petitions be submitted by Nov. 1. However, Executive Order 52 issued by Governor Cuomo immediately after the storm, extended filing deadlines in certain circumstances. That measure raised a question among the commissioners as to whether they are required to extend the filing deadline for the upcoming district election.

After a brief conversation with an attorney in the governor’s office who declined to give an opinion directly related to the election, Stephen Ressa, the attorney for the district, advised the commissioners that in his opinion Executive Order 52 did not apply to the district election, and the filing deadline should not be extended.

Authority to issue such an executive order comes from Executive
Law Sec 29-a, which in parts says that, in a state of emergency, the governor can “temporarily suspend certain provisions" of any statute, local law and more. However, it also provides that the suspension order must specify the statute, local laws, rules and regulations to be suspended.

Ressa said, “Based on the language of Executive Law 29A and the fact that the district election is not specified in Executive Order 52, the commissioners should not extend the filing deadline”.

However, Markham can still stand for election as a write-in candidate.

Voting is scheduled for Dec. 11 from 12-9 p.m. at the Polish American Cultural Association.

This article has been updated with the correct spelling of Reed Markham's name, and the correct time of the election, 12-9 p.m. 

portsince1966 December 09, 2012 at 09:11 PM
what kind of an "election" is this? we should all write in Reed Markham's name just to show that there should always be an opponent on a ballot! but he wouldn't win anyway because most residents don't vote AND hardly anyone reads these articles and knows his name AND that one can be written in! this vote by the commissioners is a disgrace to the community!
Stacey Peltz December 10, 2012 at 02:44 AM
Voting is from noon to 9 p.m.
portsince1966 December 10, 2012 at 03:47 AM
and if it is just 3 hours in the morning then how can working people vote? it looks like this isn't an open election...
Dave Franklin December 11, 2012 at 10:24 AM
This vote by the Commissioners was based on law and Mr. Markham's failure to comply with the rules dictated by the District Charter. Since Mr. Markham was on the Charter Revision Committee he knows the rules and regulations better than most. He did not submit his petitions on time.

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