GENESEO, NY — The federal Hatch Act, which prohibits persons from holding elected office who are employed in jobs supported in whole or part by federal funding has claimed two more candidates from the Nov. 3 ballot.

Last week Kevin Niedermaier, an incumbent Republican candidate for Town of Groveland council, and George Sisak, a Republican candidate for Town of North Dansville council, announced they have withdrawn from the election because of considerations associated with the Hatch Act.

In tandem with these declinations, the Livingston County Board of Elections has been informed by the deputy special counsel at the New York State Board of Elections that, because the disqualifications were made in relation to the Hatch Act, Niedermaier’s and Sisak’s names may be removed off the ballot. Furthermore, the caucus committees to fill vacancies in Groveland and North Dansville may be reactivated, and have until this Friday, Oct. 30, to name replacements for Niedermaier and Sisak.

For Niedermaier, the committee has acted swiftly, naming John Driscoll as his replacement. As of press time, the Dansville committee had yet to name a replacement for Sisak. For the cases of the two other candidates — Andy Keiffer and Keith Petti — who had earlier been disqualified under the Hatch Act, the opportunity to name replacements is now past, according to Livingston County Commissioner of Elections Susan Guenther. Keiffer declined the Republican nomination for West Sparta supervisor. Petti declined the Democratic nomination for North Dansville supervisor.

Guenther explained that these earlier candidates had announced their declinations before the  Sept. 29 deadline for filling vacancies — and the caucus committees had adequate time to chose replacements, which did not happen.

“They had time and they choose not to put anyone in those positions,” Guenther said.

However, in the cases of Niedermaier and Sisak, a certificate of disqualification has been filed with the Board of Elections, stating reasons connected with the Hatch Act. As the state special counsel determined, the Board of Elections is allowed to contact the appropriate caucus committee to fill vacancies, alerting them that they may name a new candidate before Friday.

“The lever voting machines can be changed up until Friday,” Guenther confirmed.

Guenther advised that, until this year, the Board of Elections has never had much to do with Hatch Act issues. Candidates who had questions resolved them prior to caucuses. There had never been a situation in which an already-nominated candidate was forced to decline when the provisions of the Hatch Act were brought to his attention.

“We never ran into the number of Hatch Act questions that we have had this year,” Guenther said.

The four candidates who have declined were recipients of stern letters from the United States Office of Special Counsel, which had investigated their individual employment circumstances and determined that they were in fact disqualified to run for office.  Each was informed that if he choose to continue his election campaign, he would need to resign from his employment, or, alternately, if he wished to retain his employment, he would need to withdraw from the election.

The Hatch Act was adopted in 1939 to deter corrupt use of federal money in election campaigning. It is based on the notion that workers being paid with federal money not be beholding to political influences as a means of keeping their jobs.

Keiffer was disqualified as a state DOT employee whose department receives federal money; Petti as a Village of Dansville official who oversees grant funding, including federal funding. Both Niedermaier and Sisak, as Livingston County employees whose departments are partially funded with federal grants, likewise fall under the auspices of the Hatch Act.

Niedermaier had served as a Groveland councilman for four years.

“It was a great privilege to serve the citizens of Groveland. It was great working with the town board. I enjoyed the job immensely,” Niedermaier said, adding, “I encourage everyone to vote.”

Niedermaier questions the rationale of the act, which will not allow him to collect federal-supported salary as an elected official, but would allow him to collect such money as an appointee on any number of jobs or boards.

Tagged as: Groveland, Hatch Act, North Dansville, town elections