Hanna Can Keep Independence Line

The decision by state Supreme Court Justice Gerald Connolly of Albany leaves Hanna with the Independence Party nomination in the 24th Congressional District race.

He is challenging U.S. Rep. Michael Arcuri, D-Utica, who was endorsed by the Independence Party in 2006 but not in 2008 or this year.

The court ruling is an important one for Hanna, who received 7.9 percent of his votes on the Independence Party line in 2008, when he lost narrowly to Arcuri.

“No matter what Mr. Arcuri alleges, he had the nomination of Independence voters in 2006,” Hanna said in an e-mailed statement. “His loss of it is a reflection of his extremely partisan record – nothing more.”

The legal challenge dismissed Wednesday was filed by Michael Sadallah, a Frankfort resident and co-owner of Daylight Donuts who is an Independence Party member. Sadallah has contributed $750 to Arcuri’s campaigns since 2006.

An appeal is still being considered, Sadallah’s attorney James Long said.

Despite the court decision, Arcuri’s campaign believes the Independence Party nomination process was unfair and believes voters will “see through this sham,” Arcuri spokeswoman Carolyn Ehrlich said.

Ehrlich also responded to Hanna’s comment by referencing a National Journal analysis earlier this year that ranked Arcuri and one other legislator as the most moderate members of the House of Representatives.

The court motion made two primary claims. One was that a number of the signatures on Hanna’s Independence Party petition were invalid for reasons including that campaign consultant Sean Kennedy had obtained more than 200 of the signatures.

Kennedy, who had last voted in California, registered as a member of the Independence Party on May 24 this year in Oneida County, and the court motion questioned whether Kennedy intended to remain a resident of this state.

Connolly ruled that there was no evidence to prove that Kennedy doesn’t intend to remain a state resident.

Kennedy also testified that he purchased a car, which he registered with New York state, and that he bought automobile insurance in the state, according to Connolly’s decision.

The other claim questioned the process that led to Hanna’s Independence Party endorsement.

Connolly dismissed those claims because the state Independence Party executive committee conducted an official vote on July 18 to endorse Hanna.

Connolly decided not to look into allegations about the local Independence Party because of a previous U.S. Supreme Court determination that courts don’t generally interfere with the internal affairs of a political party, according to the ruling.

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