How can a Suffolk County lawyer seek a judgeship here? NY election laws are the answer

Gary Craig, Rochester Democrat and Chronicle
Updated ·2 min read

Come election, you may be wondering just who is Margot Garant, this candidate for state Supreme Court.

A Democrat, Garant will be on the ballot with two Republicans, incumbent Justice Alex Renzi and Joseph Waldorf, the principal court attorney for state Supreme Court Justice William Taylor. Renzi and Waldorf are Monroe County residents. Garant, meanwhile, is the former village mayor in Port Jefferson, Suffolk County.

So why is Garant, who is a lawyer, on the ballot for the eight-county Seventh Judicial District 300-plus miles from her home? The answers rest deep in the bog of New York election laws.

First, a state Supreme Court candidate can come from anywhere in the state and is not required to live within the district.

But, for Democrats, there was another reason for Garant to be the candidate: She needed to get off of the ballot as the Democratic nominee for Town of Brookhaven supervisor. (The town is also in Suffolk County.)

As TBR News Media reported in July: "Garant recently experienced 'an unforeseen health issue,' prompting her to exit the race, according to a statement from the Brookhaven Town Democratic Committee."

However, Garant's name could not be removed from the ballot unless she either ran for a judgeship, moved out of state, or died. So Democrats maneuvered for Garant to become the candidate for the Seventh Judicial District, freeing up the ballot line for another Democrat in Brookhaven.

In an odd twist, Garant will not be able to vote for herself since she doesn't live in the district. However, there are no indications that she is actively campaigning or expects to have a chance in the largely Republican Seventh Judicial District.

“This was not an easy decision,” Garant said when she decided not to run for supervisor, according to TBR News Media. “Public service has been the honor of a lifetime, and my love for Port Jefferson and Brookhaven knows no bounds.” But, she added, “Right now, I need to put my health and my family first.”

While this may seem like a strange election-year occurrence, it has happened numerous times before. In one instance that impacted a statewide election, an Independence Party candidate for state attorney general abandoned the race and became a nominee for state Supreme Court in the Seventh Judicial District so Democrat Eric Schneiderman could take over the Independence line.

The eight counties that make up the Seventh Judicial District are Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and Yates.

This article originally appeared on Rochester Democrat and Chronicle: How can a Suffolk County lawyer and former mayor seek a judgeship here?