Michael Marcantonio, Democratic candidate for the 12th Assembly District, was tossed off the Nov. 6 ballot after a judge ruled he hadn’t met state residency requirements, Newsday reported.
Marcantonio’s spot on the ballot was challenged by supporters of his opponent, Assemb. Andrew Raia, a Northport Republican. The Democrat is expected to take his case to an appeals court.
The issue turned on the requirement that candidates must live in New York State for five years, and one year in the Assembly district. As a law student at Duke University, Marcantonio voted twice in Durham, N.C., once in 2012 and again in 2014.
Because his petitions were upheld as valid, the Democratic Party could turn them over to another candidate to run against Raia, Newsday said.
The 12th Assembly district incorporates parts of Huntington, Babylon and Islip. Raia has held the job since 2003.