The political hopes of two would-be candidates for the Albany County Legislature have been dashed — at least for the time being.
Former county legislator Brian Scavo and political activist Clifton Dixon each aspired to represent neighborhood citizens, but tried to launch political campaigns to lead in neighborhood districts they don't live in. Each candidate has his own agenda and own reasons for seeking public office. Albany County Attorney Thomas Marcelle: "The Albany County Charter requires candidates to live in their district. It's a long-standing requirement."
Scavo was looking to run in the 9th legislative district off Albany's New Scotland Avenue, while Dixon had his sights set on the 4th district in West Hill.
At some point earlier on, an unnamed county official had let word leak that because this is a redistricting year, potential candidates were not bound by the one-year residency requirement outlined in the city charter. Five candidates who were kicked off the ballot apparently took that story to heart.
Dixon filed suit, challenging the board’s ruling in state Supreme Court based on a 2003 decision involving a legislative race in Colonie, and arguing he had recently been drawn out of the 4th: "Because the line was pushed to the middle of my road. The side of the street I'm on, I'm not in the district. The other side is in the district, unbeknownst to me. I thought at first, in that third week in June when I first contacted the board, that they had just forgot to put that block into the walksheet."
Scavo, who formerly served in the county legislature, filed a lawsuit too: "The Board of Elections has no legal authority to move any candidate from the ballot. Only a court can do this, and they used improper procedure. They should have taken court action and you cite case law SCHWARTZ v. HEFFERNAN. Section 202 of the Albany County Charter is unconstitutional because it favors incumbents over private citizens."
The Albany County Board of Elections knocked Scavo off the ballot for listing a Barclay Street address as his residence on petitions for a 9th Legislative District seat. Barclay lies outside that district. Scavo argued that he represented many of the same voters in the new 9th district that he served in the old 7th district.
Acting Supreme Court justice Richard Sise found Scavo "failed to show that the challenged residency requirement imposes anything more than reasonable, nondiscriminatory restrictions."
Acting Supreme Court justice Roger McDonough branded evidence Dixon used to support his argument “equivocal and confusing.”
And that's good enough for County Attorney Marcelle: "Neither Mr. Scavo nor Mr. Dixon lived in the district, and the supreme court justices correctly found that they were not qualified to run. We support that decision."
Scavo, whose political slogan has been "helping people," vows to stay focused. "I'd like to continue to fight for lower taxes here in Albany County and upstate New York and I'm still continuing my fight for low cost power for the people and I'll continue to voice my concerns on the issues here in Albany County and the city of Albany."
Dixon is adamant and will press on. "We're going to appeal. I believe that the case the court relied upon has nothing to do with the circumstances here. I feel very confident upon appeal we will prevail."
The Board of Elections did not return a call seeking comment.
