Daily Freeman (Kingston, NY)

New Paltz candidate won’t move to town before vote

- By William J. Kemble news@freemanonl­ine.com

Unconteste­d New Paltz town justice candidate Kevin Kelly says he doesn’t plan to move from a Gardiner residence before the election.

Unconteste­d town justice candidate Kevin Kelly says he does not plan to move from a Gardiner residence before the election.

Kelly , who moved out of New Paltz earlier this year following a divorce resides at 143 Turnpike in Gardiner, says used the a post office box number on nominating petitions to gain the Green and Independen­ce ballots lines.

That’s my physical address for probably a couple more weeks or a month and a half or so,” he said. “I’ve been intending to move back to New Paltz.”

Kelly, a first-time candidate, said he had checked with the county Board of Elections the requiremen­ts to run for town justice.

“I wouldn’t be on the ballot unless I was legally able to,” he said. “All of my ballot petitions have that address on them. So there’s been nothing hidden.”

Kelly said he could not find informatio­n that had been sent to him by email that described the requiremen­ts for taking office.

Kelly is the second justice candidate in Ulster County to be on the ballot in a town without being a resident in the town where they are seeking office. Julius Collins, an county Legislator and Ellenville resident, has said he does not plan to move to Shawangunk even if elected as justice in that community.

Republican county Board of Elections Thomas Turco said requiremen­ts are for a candidate to be a resident of a town before election day to be eligible for the office if they win.

“The law is pretty clear, you have to live in the district you’re going to serve by Election Day unless there’s some local charter that sets a time line that’s different,” he said. “I don’t know if... New Paltz has any local charter that’s set a number of days before taking office.”

Turco added that ordinarily residencie­s are given a cursory check after results are returned and would only give a closer inspection if a complaint is filed. He said Kelly’s election could be denied if he is found to have not resided in the town before the election or have provided false informatio­n about being a resident.

“If he gives me something that gray area and somebody challenges it I’ve got no options,” he said. “I’ve got to follow the law.

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