Appeals court upholds ruling on Maloney’s dual run
The Appellate Division of State Supreme Court Third Department has concurred with a lower court ruling that U.S. Rep. Sean Patrick Maloney may continue to run for state attorney general while seeking re-election to the House of Representatives.
Citing election law, the appeals court noted that an individual may not seek election to two offices simultaneously, but it agreed with Maloney, who argued that he is not yet the Democratic Party candidate for the state post of attorney general. That will be decided in the September primary election.
“There is no dispute that, if Maloney were to secure the Democratic Party nomination for attorney general,
he would not be permitted to run for both attorney general and member of the United States House of Representatives,” the appellate court wrote in its Aug. 23 decision.
“Until Maloney secures the Democratic Party nomination to run for attorney general, it cannot be stated that he is running for two incompatible public offices. As such, we agree with Supreme Court that Maloney, as this time, is not a ‘dual candidate’ running for two incompatible offices on the ballot,” the appellate court
wrote.
Maloney’s congressional district, New York’s 18th, comprises all of Orange and Putnam counties as well as parts of southern Dutchess County and northeastern Westchester County.
Maloney, D-Cold Spring, first was elected in 2012 and was re-elected in 2014 and 2016.