Top NY court tosses Funke opponent from ballot

ALBANY - State Sen. Rich Funke's Democratic opponent has been thrown off the November ballot.

The state Court of Appeals unanimously ruled Tuesday that Democrat Steve Glickman doesn't meet the state's minimum residency requirements, reversing a mid-level court's ruling and making Glickman ineligible to run this fall against Funke, a Penfield Republican.

New York's Constitution requires candidates for the state Legislature to have been a state resident for five years preceding an election.

Three area Republicans backed by a longtime Senate Republican election attorney challenged Glickman's residency, noting he had registered to vote in Washington, D.C., in 2014.

► Previously: Steve Glickman to challenge Sen. Rich Funke

► GOP fights to keep Funke opponent off ballot

► State's highest court to hear Glickman case

The state's highest court agreed, ruling Tuesday that Glickman "broke the chain of New York electoral residency" by registering in the nation's capital.

"Thus, (Glickman) cannot claim New York residency for the past five years as required by the State Constitution," the Court of Appeals wrote in its decision.

Glickman, 27, had filed paperwork to run on the Democratic and Working Families Party line against Funke, 67, a freshman senator and former WHEC-TV anchor and sportscaster.

The court's decision Tuesday gives Funke a clear path to re-election in a district that has 13,676 more active enrolled Democrats than Republicans. Glickman had been the only other candidate to file for the race, and the deadline to turn in nominating petitions has passed.

In a statement, Glickman accused Funke's campaign of "eliminating a choice for voters this November."

“Though he may have successfully obstructed progress on this front, it won’t stop me from continuing to champion ideas and innovation for Rochester moving forward,” he said.

Jesse Sleezer, a spokesman for Funke's campaign, said the ruling is "a win for common sense and the state Constitution and a loss for out-of-towners who don’t follow the rules."

Republicans filed their residency challenge late last month, with acting state Supreme Court Justice Denise Hartman ruling against Glickman Aug. 5. They were represented by John Ciampoli, an attorney who often represents Senate Republicans in election-law cases.

But the state Appellate Division reversed the lower court's ruling, arguing residency is determined by "a holistic examination of various factors" rather than simply his voter registration. Those factors included keeping a car and other belongings at his father's home in Tonawnda and using that address for his driver's license, credit card and other bills.

The Court of Appeals on Tuesday reversed the mid-level appeals court, pointing to Washington D.C.'s voter registration rules. When Glickman registered to vote there, he was required to attest he "does not claim voting residence or right to vote in any state or territory."

"A person is permitted to have more than one residence, but is not permitted to have more than one electoral residence," the court wrote Tuesday.

Funke represents the 55th Senate District, which includes part of Rochester, much of eastern Monroe County and western Ontario County.

JCampbell1@Gannett.com

Jon Campbell is a staff writer with USA TODAY Network's Albany Bureau.