When a Shoreham resident decided to bestow his first name upon his son 25 years ago, no one could have predicted the obstacle it would create for him running for office decades later.
Though an appeal could still be heard this week, the New York State Supreme Court Appellate Division ruled in favor of Republican Mike Yacubich, chief of the Rocky Point Fire Department, who wants to represent New York’s 2nd Assembly District, in a decision levied Aug. 24.
The would-be candidate garnered enough signatures on his petition to be placed on the ballot for the Sept. 13 primary, but was challenged in court by three citizen objectors in the district. The objectors argued that since two Mike Yacubichs — father and son — have lived and are registered to vote at the same address, those who signed the petition approving the elder Yacubich as a political candidate couldn’t have distinguished between he and his son, who also goes by Mike. The argument was heard by the Republican and Democratic commissioners of the Suffolk County Board of Elections —Nick LaLota and Anita Katz, respectively — who brought the case to the Suffolk County Supreme Court. The lower court initially ruled against Yacubich, who then appealed and won to restore his name to the ballot.
“The board exceeded its authority when it invalidated the designating petition on the ground that it could not identify which registered voter was the candidate,” reads the unanimous decision reached by four appeals court judges. “There was no proof that Yacubich intended to confuse voters, or that any voters were confused as to his identity.”
Yacubich hopes to challenge incumbent Anthony Palumbo (R-New Suffolk) in the primary for the right to represent the Republican party on the general election ballot in November, barring an appeal to the Aug. 24 ruling being filed by the objectors this week.
“It’s satisfying to try to be moving forward here, but apparently it’s not meant to be until we can finalize this process,” Yacubich said. “It does make it a little bit difficult, but we’re committed to the program.”
The political hopeful said he couldn’t believe there would be any confusion as to who was running given people in the community know him as “Mike” or “Chief Mike” at the fire department in addition to his past service on the Shoreham-Wading River school district board of education. He added that his son hasn’t lived with him for more than two years.
“I think our argument has been and still is there is no confusion as to who the candidate would be,” he said. “Certainly, my son is not a chief in the fire department, an accountant, has never been a member of the school board.”
A senior official at the BOE, who asked not to be named as the issue continues to be played out in court cases, said the candidate complicated the matter by going with a shortened version of his first name — Mike instead of Michael — as well as opting not to include a middle initial on his petitions, which would have served as a delineator between the father and son.
“If you are attempting to be a state Assembly member, someone responsible for passing laws, details matter,” the official said, adding that the mix up shows a lack of experience on the part of the candidate and his campaign team.
Yacubich rejected the notion the mix up had to do with a lack of experience.
“How could they expect anybody from the public to get through the process if these are the hoops they have to jump through to get on the ballot,” he said. “To be thrown off the ballot for a technicality such as this [is] just unreasonable.”
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