Zephyr Teachout case explained by Brooklyn court
Residence vs. domicile the issue in governor primary dispute
New York state Gov. Andrew Cuomo was defeated, once again, in his attempt to remove a Brooklyn challenger from the ballot in the pending Democratic primary race for governor. A Brooklyn Supreme Court justice ruled against the incumbent finding that his challenger was indeed a resident of New York and allowed to remain a valid choice for voters.
Zephyr Teachout, a law school professor, threw her name in the ring as a candidate for governor back in July. Almost immediately Cuomo challenged her candidacy, asserting that Teachout did not possess the requisite petition signatures and that the challenger was not a true resident of the state she wished to govern. Generally, disputes as to a candidate’s residency are handled by one of the counties Supreme Courts. As Teachout currently lives in Brooklyn, Brooklyn Supreme Court Justice Edgar Walker presided over the two-day trial in a special hearing, which began on Aug. 7.
New York’s constitution mandates that all wishing to run for governor reside in New York for at least five years before the next general election. Cuomo contended that Teachout — who was born in Vermont — did not meet this basic requirement, arguing that from 2009 to present, Teachout was a constant traveler and resident of many states other than New York.