Acting Supreme Court Justice Richard Platkin said today that he expects a decision by “the middle of next week” on a lawsuit challenging a statewide ballot proposition on casino gambling, Gannett’s Albany Bureau reports.
Platkin heard arguments from the state Board of Elections and Eric Snyder—who is suing to overturn the language in the question—in Supreme Court in Albany County today. The board wants a dismissal of the lawsuit, which claims the agency violated state law in adopting the casino gambling referendum language that will be presented to voters Nov. 5.
The wording equates to “advocacy language” in favor of approving up to seven casinos in the state, Snyder said.
“My goal here isn’t necessarily to stop the train,” Snyder told Platkin. “I would love to hear the Board of Elections say, ‘We’re going to change this. We’re going to take the advocacy language out.’”
Board of Elections attorney Paul Collins accused Snyder of “unreasonable delay” in filing his lawsuit, which came after military ballots were already shipped overseas and many county ballots are being printed. He also questioned whether Snyder violated the statute of limitations, which required an attack on the language to be filed within 14 days of the last day it could be certified.
“The board was required three months before the election to certify,” Collins said. “That it did. Then the petitioner had 14 days to file.”
Platkin appeared skeptical of whether the issue could work its way through the court prior to Election Day, especially with the potential for appeals to higher courts.