The Queens Supreme Court has reinstated Glenn DiResto to the official New York City Board of Elections ballot for the City Council special election to be held on Tuesday, February 24, 2009, after a successful appeal on his behalf was upheld.
DiResto's nomination was challenged by surrogates of rival candidate Geraldine Chapey, Noreen Ellis and Harold Cornell, who also succeeded in having Democratic favorite Frank Gulluscio removed from the ballot just a week ago.
The New York City Board of Elections determined last week that neither candidate met the requirements in regard to their nominating petitions, an essential part of the process by which someone gets on the ballot, that includes a minimum of 1,098 signatures of registered voters in the district.
After the ruling on his appeal, DiResto said, "I am ecstatic and glad the judge made the right decision. Now voters will have an opportunity to make the right choice for City Council."
DiResto, who earlier this month called Chapey's actions "undemocratic," had been thrown off the ballot on the grounds of his party name. The election, which is non-partisan, enables candidates to choose their own non-registered party name, which will appear on the ballot.
DiResto's party name, Families First, temporarily disqualified him from the election because it was too close to the name of the registered Working Families Party.
Originally, DiResto, upon learning that he was off the ballot, was undecided as to whether or not he would appeal and was pondering waiting until November's general election. However, he says, after realizing that his reinstatement had a realistic chance, his campaign decided to move forward through the appeals process.
DiResto was furious last week when he wasn't given a chance to change the party name. However, after the weeklong appeal and reinstatement to the ballot, he will now be allowed to do so and will use the non-registered party name of Together We Can.
"You can't keep a good man down," he said. "It was a tremendous amount of hard work and it takes good luck, God's will, and hard work."
The final ballot is now set to include a list of five, with three Rockaway contenders — DiResto, Chapey and Lew Simon — as well as mainland candidates Mike Ricatto and Eric Ulrich.