On Monday, April 21, Honorable Richard I. Horowitz, acting justice of the Supreme Court of New York, recused himself in a lawsuit filed by Town of Islip Council district 2 Republican candidate, Dawn Marie D. Kuhn against David Chan, the Democratic candidate for the same district and against the Suffolk County Board of Elections.
The lawsuit alleges that the Suffolk County Board of Elections should be restrained from placing Chan’s name on the official ballot of the primary and general elections citing Section 16-100, 16-102, 16-116 of Election Law that the Democratic Party’s certificate of authorization and designating petition purporting to nominate/designate Chan as the Democratic candidate for councilmember of the 2nd district is null and void.
In the lawsuit filed on Thursday, April 17, it is specified that the ineligibility is due in part to Chan being a registered Republican and therefore not a qualified candidate for the Democratic party.
The Democratic Party Certificate of Authorization was filed with the Suffolk County Board of Elections c. April 10, 2025 purporting to “consent and authorize the nomination/designation” of Chan for the public office of councilmember of the 2nd district.
The suit states that the required meeting that allegedly took place on January 14, 2025 to provide the Certificate of Authorization to authorize Chan’s candidacy was “an impossibility” as on February 25, 2025 to April 3, 2025 the Democratic party circulated a Designating Petition for Francis T. Genco and had nominated them as candidate.
Genco signed a certificate declining the designation of the councilmember 2nd district Democratic nominee on April 7.
“The date of the meeting set forth on the Certificate of Authorization must be accurate and correct. The date contained on the Certificate of Authorization purporting to nominate/designate David Chan is both incorrect and inaccurate, and renders his authorization, as well as his candidacy, null and void,” read Part 16 of the lawsuit.
“They’re [Kuhn] in disarray and are nervous about Dave Chan’s candidacy so they waged this frivolous lawsuit that isn’t going anywhere. Just another example of waste, fraud, and abuse,” said Keith Davies, spokesman for the Suffolk County Democratic Committee.
Kuhn and Chan were both contacted for comment but could not provide comments due to the case being ongoing.
Kuhn’s attorney, Steven Losquardo, was contacted multiple times for comment, but did not reply by time of print.
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