Van White, the school board president the Rochester City School District, has filed a lawsuit to get his name put on the ballot in the race for the 25th Congressional District.
In court paperwork, White says he was able to collect enough signatures before the April 12 deadline to file his petition for the ballot, but because of a mailing miscue, the Board of Elections denied it.
White says the Board of Elections told him the petition wasn’t “timely filed” and he should have used overnight delivery service, so the petition was received on April 13 — a day after the deadline.
White says he mailed the petition on April 12 but sent it through regular mail. As a result, the Board of Elections didn’t get it until the following Monday, April 16.
But, White claims the language used by the Board of Elections for the requirement is “ambiguous” and can be interpreted two different way.
The order itself reads: Petitions “shall be deemed timely filed and accepted for filing if sent by mail or by overnight delivery service… in an envelope postmarked or showing receipt by the overnight delivery service prior to midnight of the last night and received no later than one business day after the last day to file.”
White says the language should allow him to send the petition through regular or overnight mail. He’s now demanding the deadline be extended so his petition will count.
However, speaking with News 8, the Board of Elections says the language, clarified in an updated 2017 order, is clear: White’s petition needed to arrive by April 13 and needed to be sent by overnight mail.
If put on the ballot, White would join Assemblyman Joe Morelle, journalist Rachel Barnhart, Brighton Town Boardmember Robin Wilt, City Councilman Adam McFadden and Republican candidate Dr. Jim Maxwell in the race.