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Mahar v. Warren Cnty. Bd. of Supervisors

Constitutional Challenge to County's Method of Electing Supervisors Is Dismissed

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William Mahar, Plaintiffv.Warren County Board of Supervisors c/o Ronald Conover, Chairman; and Warren County, DefendantsDECISION and ORDER

Currently before the Court, in this constitutional claim filed by William Mahar (“Plaintiff”) against the Warren County Board of Supervisors c/o Chairman Ronald Conover and Warren County (“Defendants”), is Defendants’ motion for summary judgment. (Dkt. No. 32.) For the reasons set forth below, Defendants’ motion for summary judgment is granted.I. RELEVANT BACKGROUNDA. Plaintiff’s Amended ComplaintGenerally, in his Amended Complaint, Plaintiff claims that Warren County’s method for electing its Board of Supervisors violates the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. (Dkt. No. 24 [Pl.'s Compl.].) More specifically, Plaintiff claims that voters in the city of Glens Falls and the town of Queensbury are given a greater opportunity to participate in the electoral and political process related to electing the Warren County Board of Supervisors than are voters in other towns and villages in Warren County (including Warrensburg, where Plaintiff resides). (Id.) In support of this claim, Plaintiff alleges that this inequality results from Warren County’s Local Law No. 12 of 2011 (and all its predecessors back to Local Law No. 2 of 1966), which allows voters in Glens Falls and Queensbury to vote “directly and separately” for their Town Supervisor and County Supervisors, while the other towns and villages in Warren County must vote for a single candidate to act in the dual role of Town Supervisor and County Supervisor. (Id.) Plaintiff alleges that the difference in the voting rights between Glens Falls/Queensbury and the rest of the County creates two different classes of voters in violation of the Fourteenth Amendment. (Id.)B. Undisputed Material Facts on Defendants’ Motion for Summary JudgmentAs an initial matter, the Court notes that Plaintiff makes a number of denials, or partial denials, by asserting that the stated facts are not material. (Dkt. No. 34, Attach. 1, at

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