CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 4/24/2023 1

Judicial Relief from a Tight Ballot-Petition 

Signature Schedule 

Sharpe v. Como 

(Nicholas G. Garaufis, E.D.N.Y. 1:07-cv-1521) 

Because the winner of a special election to fill a city-council vacancy 

did not establish residency in the council district until after the election, the victor declined the victory and the mayor quickly scheduled 

a new special election, with the ballot-petition signature-collection 

period to begin immediately. Two prospective candidates filed a federal complaint alleging that they did not have enough notice and 

time to collect sufficient signatures. The district judge granted relief 

to one of the plaintiffs, who had collected the greater number of signatures and who had qualified for the first special election. 

Subject: Getting on the ballot. Topics: Getting on the ballot; case 

assignment; intervention. 

Following unsuccessful efforts in state court,1 two prospective candidates for 

an April 24, 2007, special election to fill a vacancy in New York’s city council 

filed a federal complaint in the Eastern District of New York on April 12 seeking an injunction putting them both on the ballot.2

 Of the 1,002 petition signatures required for ballot qualification, Wellington Sharpe had 832 valid signatures and Maria Gina Faustin had 391.3

A special election had already been held on February 20, but circumstances 

suggested that the victor, Mathieu Eugene, did not live in the council district 

on the day of election, so he declined the post and, on March 8, publicly called 

for another special election.4 On the following day, the mayor declared that a 

second special election would be held on April 24, and candidates had from 

Friday, March 9, until Wednesday, March 21, to acquire ballot-petition signatures.5

 A harsh winter storm, strong enough to close schools, hit the region on 

Friday, March 16.6

On the day that the complaint was filed, Judge Brian M. Cogan set the case 

for hearing before Judge Nicholas G. Garaufis on April 18.7 When an assigned 

1. See Rachel Monahan, Pol Position OK on New Ballot, Sez Judge, N.Y. Daily News, Apr. 

13, 2007, at 4.

2. Complaint, Sharpe v. Como, No. 1:07-cv-1521 (E.D.N.Y. Apr. 12, 2007), D.E. 1; Opinion 

at 1, id. (Apr. 19, 2007), D.E. 7, 2007 WL 1175221. 

3. Opinion, supra note 2, at 5 & n.3; see Frank Lombardi, Only Two Make Grade for Special 

Elex Ballot, N.Y. Daily News, Apr. 12, 2007, at 1. 

4. Opinion, supra note 2, at 2–3. 

5. Id. at 3–4. 

6. Id. at 4–5. 

7. Order to Show Cause, Sharpe, No. 1:07-cv-1521 (E.D.N.Y. Apr. 12, 2007), D.E. 3; Opinion, supra note 2, at 6. 

Tim Reagan interviewed Judge Garaufis for this report by telephone on October 14, 2015. 
Judicial Relief from a Tight Ballot-Petition Signature Schedule 

2 Federal Judicial Center 4/24/2023 

judge was unavailable at the time an emergency case was filed, the judge on 

miscellaneous duty handled the case until the assigned judge was available.8

In open court, Judge Garaufis granted Eugene’s motion to intervene.9 On 

April 19, following a second day of hearing, Judge Garaufis ordered Sharpe 

added to the ballot, but not Faustin.10

Because Eugene controlled when he would decline the post and call for a 

second special election, his “manipulation gave him a head start against his 

would-be rivals” in setting in motion a petition drive.11 Because of preparations required to launch a petition drive, and because of the winter storm, 

“both Sharpe and Faustin found it difficult or impossible to collect signatures 

on either of the two weekends that fell within the petitioning period.”12 Sharpe 

finished third in the first special election, and the second-place finisher did not 

run the second time, “suggesting that Sharpe will be an especially viable candidate in the Second Special Election.”13 Judge Garaufis determined that the 

injury to first-time candidate Faustin was less.14

This decision is limited to the specific facts before me and should be read 

narrowly. What makes this case unique, and what compels me to order that 

Sharpe’s name be added to the ballot, is that the Second Special Election became necessary because of the conduct of someone who intended to run in 

it, namely Matheiu Eugene.15

Eugene won the election, and Sharpe again placed third.16

Judge Garaufis signed a stipulated dismissal of the case on June 11, 2007.17

8. Interview with Hon. Nicholas G. Garaufis, Oct. 14, 2015. 

9. Opinion, supra note 2, at 6. 

10. Id. at 1, 6, 12–13; see John Marzulli, Judge Lets Sharpe Be 3rd Man in 2nd Council Vote, 

N.Y. Daily News, Apr. 20, 2007, at 75. 

11. Opinion, supra note 2, at 12. 

12. Id. at 5. 

13. Id. at 10. 

14. Id. 

15. Id. at 12. 

16. See Jonathan P. Hicks, Haitian-Born Candidate Wins Again in Brooklyn, N.Y. Times, 

Apr. 25, 2007, at B2; Frank Lombardi, Déjà vu for Winner of Council Race, N.Y. Daily News, 

Apr. 25, 2007, at 2. 

17. Stipulated Dismissal, Sharpe v. Como, No. 1:07-cv-1521 (E.D.N.Y. June 11, 2007, filed 

July 12, 2007), D.E. 10.