Utica ballot challenge is over; Debbie Krizel stays on the ballot

‘They decided not to pursue this’

The ballot challenge in Utica is over. A lawyer for two objectors said Thursday they will not seek judicial review.

Two Utica residents had tried to get Mayor David Stewart and trustees Mary Pawlak and Debbie Krizel off the April 6 ballot. Two challenges were abandoned, but Krizel stood for a hearing on whether her nominating forms, which weren’t numbered, were valid. A three-member panel ruled in favor of Krizel, leaving the objectors the option of going to court.

Thursday, a lawyer for objectors Daniel Hackney and Sean Whitfield said they won’t ask a judge to reevaluate the Krizel ruling.

“They decided not to pursue this,” attorney Perry Abbasi said.

That means the Jan. 13 ruling on Krizel is final and binding. Though Abbasi had argued the law requires pages to be numbered, the panel fell back on an appeals court, ruling that lack of numbering was a “technical violation” that didn’t merit removal from the ballot.

Thursday, Krizel welcomed the news that the challenge against her has ended.

“I’m glad we have a process and that our voters will have the chance to make their choice,” she said.

Krizel, Pawlak and fellow incumbent Jim Schrader, whose papers weren’t called into question, will try to retain their seats with two newcomers, Chad McConville and Karen Lorenz, also vying for three open seats.

Stewart faces a challenge from Utica businessman Tracy Mix.

Hackney and Whitfield never appeared at any hearings or issued any comment.