The rules of the Independence Party, which are implicated in this proceeding, accommodate both statutory requirements by providing that, following a roll call vote for each statewide office, a candidate receiving at least one more vote than 50% of the weighted vote of those present and voting would be the party’s designee and a candidate receiving at least 25% could request that the Board place his or her name on the primary ballot. In addition, at the conclusion of the voting for each office, the Independence Party State Committee would be asked to vote a certificate of authorization to any candidate with at least 25% of the weighted vote who is not an enrolled member of the Independence Party.
At the 2002 Independence Party state designating meeting, respondent Alan Hevesi (hereinafter respondent), an enrolled Democratic Party member, and petitioner John J. Faso, an enrolled Republican Party member, each received over 25% of the weighted vote for the office of Comptroller. On the ensuing vote for a certificate of authorization, however, only Faso received more than 50% of the weighted vote. Respondent therefore did not receive a certificate of authorization. Respondent presented a certificate of consent and acceptance of the Independence Party designation to the Board and demanded that his name be placed on the ballot for the September 10, 2002 primary election. The Independence Party State Committee and some of its officers, as well as Faso and another aggrieved candidate whose claim is no longer at issue, commenced this proceeding to enjoin the Board from placing respondent’s
We are unpersuaded by respondent’s central claim that the legislative intent behind the current statutory scheme was to allow all candidates approved by at least 25% of the weighted vote of a state committee to run in the primary; we accordingly affirm. It is well settled that “a statute is to be construed according to the ordinary meaning of its words * * * and resort to extrinsic matter is inappropriate when the statutory language is unambiguous and the meaning unequivocal” (Sega v State of New York,
In our view, there is no facial inconsistency between Election Law § 6-104 (2) and § 6-120 (3). To the contrary, one statute governs the means by which party members and nonmembers can gain access to a party’s primary ballot and the other requires nonparty members to go through the additional process of obtaining party authorization. Both statutory requirements can be accommodated without conflict, as has been done in the applicable rules of the Independence Party. Further, even if we were to resort to legislative history, we see nothing in the 1967 amendments to the predecessor of Election Law § 6-104 {see L 1967, ch 716, § 2) warranting the conclusion reached by respondent. To the contrary, the legislative history of the Wilson-Pakula Law can be seen to evince the Legislature’s intent to maintain the requirement that nonparty members obtain party authorization in order to appear on the party’s primary ballot. In fact, the 1967 legislation cited by respondent reiterated the judicial candidate exception to the restriction that party nominees or designees be party members,
Respondent’s additional contentions have been considered and found to be lacking in merit.
Cardona, P.J., Mercure, Peters, Spain and Kane, JJ., concur. Ordered that the order is affirmed, without costs.
