WATERTOWN, N.Y. (WWNY) - Add Watertown mayoral candidate Allison Crossman to a lawsuit in state Supreme Court aimed at getting all 3 candidates on the November ballot.
Crossman and Cody Horbacz tied for second place in the June primary behind top vote-getter Jeff Smith and the city’s election law isn’t clear on what to do with a tie.
Because Jefferson County’s elections commissioners can’t agree on how to resolve the tie, the race has been in limbo for weeks.
Crossman and her attorney, John Ciampoloi, now join lifelong Watertown resident Sam Thomas in his lawsuit asking a judge to put all 3 names on the ballot.
Crossman’s legal papers were filed in Jefferson County Thursday.
According to the lawsuit, Democratic Commissioner Babette Hall “is (we note correctly) of the view that, given the tie for ‘second place,’ the ‘persons who received the largest and next largest number of votes for mayor’ would require certification of the top three vote-getters in the primary to proceed to the general election for the office of mayor.”
The suit goes on to say that Republican Commissioner Jude Seymour “is of the separate opinion (we note incorrectly) that either only the top vote-getter should advance, or that the commissioners should report a ‘certification of zero mayoral candidates...’ to appear on the ballot at the general election.”
Seymour clarified his position to 7 News Friday afternoon saying he wants two candidates on the November ballot: Smith and one of the second-place finishers; and for a judge to decide how to break the tie.
The issue will be back in court August 7.