Courts: Marcantonio ineligible to run for state Assembly

Courts: Marcantonio ineligible to run for state Assembly

Michael Marcantonio speaks at his July 30 press conference. Photo by Kyle Barr

Democratic challenger Michael Marcantonio will be removed from the ballot for the 12th Assembly District after courts ruled he failed to meet the residency requirements.

A panel of four judges in New York State Supreme Court’s Appellate Division in Brooklyn ruled Aug. 22 that Marcantonio, 31, of Northport, did not meet the five-year state residency requirement to run for state Assembly. The political candidate called it “unjust.”

“I’ve been punished simply for exercising my right to vote,” he said.

“I’ve been punished simply for exercising my right to vote.”

— Michael Marcantonio

The panel’s decision found that when Marcantonio cast a ballot in the 2014 elections in North
Carolina, where he was enrolled as a law student at Duke University at the time, he had severed his connection to New York. The issue first came to light in July, when three supporters of Assemblyman Andrew Raia (R-East Northport), whose seat he was vying, Ralph Notaristefano, Paul D’Alessio and Kathleen Barnhart filed a lawsuit in New York State Supreme Court.

“I did everything everyone else does when they go away to school, I did nothing different — the only difference is I tried to run for office afterward,” the political hopeful said. “It’s going to discourage young people from running for office.”

Marcantonio said he was unsure of bringing the case to the state Court of Appeals, citing that the court has the sole discretion to determine whether or not they’ll hear his plea. Ultimately, he said he believes time will show the judges’ decision was in error.

It’s a symptom of the cancer in our body of politics in New York State.”

— Michael MarcAntonio

“It’s shocking that the court, who is supposed to be the guarantor of our democracy, our justice, our voting and electoral rights would instead disenfranchise our district from having a real choice in this election and undermine young people’s right to run for office,” Marcantonio said.

As Marcantonio was found ineligible, Raia  will run unopposed. Raia could not immediately be reached for comment. The incumbent previously weighed in on the issue stating to TBR News Media that anyone who may want to run for office after attending school in another state should use absentee ballots.

Now barred from running, Marcantonio said he will continue to support the campaigns of several other Suffolk Democrats up for re-election this November including state Assemblyman Steve Stern (D-Dix Hills) for the 16th District, Huntington Councilwoman Joan Cergol (D) and challenger Jim Gaughran who will run against state Sen. Carl Marcellino (R-Syosset).

The political hopeful said he already spoke with Rich Schaffer, supervisor of Suffolk County’s
Democratic Committee, about bringing the fight to the state Legislature when it reconvenes in January. Schaffer and other members of Suffolk Democratic Committee could not immediately be reached for comment.

I will be a candidate moving forward for whatever office I have the opportunity to run for.”

— Michael Marcantonio

Marcantonio wants there to be changes made to the five-year state residency requirement to make clear the intention is not to punish students who pursue higher education in another state.

“It’s a symptom of the cancer in our body of politics in New York State,” he said. “Our elections laws are not structured in a way to incentivize youth participation or incentivize people to get involved in the process. They are designed to make it as difficult as possible.”

He also states he will continue to work to encourage the young voter to get to the polls this November given the “unprecedented levels” of young engagement following recent events such as the Feb. 14 Parkland, Florida, high school shooting.

Marcantonio said the outcome has not discouraged him from taking part in political endeavors.

“This will not be the last time you hear of Michael Marcantonio,” he said. “I will be a candidate moving forward for whatever office I have the opportunity to run for.”