Judge Rules In Favor Of Zephyr Teachout In Ballot Challenge - Cuomo Will Appeal (UPDATED - 4:50 PM)

Well, that didn't take long.

We learned a little while ago that a judge has ruled Zephyr Teachout can stay on the Democratic Primary ballot:

A challenge to Zephyr Teachout's ballot status brought on behalf of Governor Andrew Cuomo is invalid, a state Supreme Court judge ruled today.

Teachout, a Fordham Law professor who first challenged Cuomo for the nomination of the Working Families Party, successfully collected petitions to appear on the Democratic ballot in September.

Lawyers acting for the Cuomo campaign didn't contest the validity of the petitions in this trial, but argued that the Vermont native failed to meet a five-year in-state residency requirement for state candidates.

But Justice Edgar G. Walker ruled Monday that although Teachout has spent significant time out of state in the last five years for academic and family pursuits, and though until recently she listed a Vermont address on her drivers license, she clearly established sufficient "intent" to reside in New York, and that the challenge to her residency was invalid.

Cuomo told Conor Skelding at Capital NY that he hadn't decided whether to appeal the decision:

Reached by phone, Connor told Capital he hadn't yet decided whether to appeal the judge's decision. If he does, the appeal will be heard by the state's Appellate Division, Second Department on August 19.

But we learn now that he will appeal the decision:

Martin Connor, Cuomo's election attorney, on Zephyr Teachout decision: "We will be appealing today's decision."
— Jon Campbell (@JonCampbellGAN) August 11, 2014

What might the appeal be based on?

Perhaps this:

In his decision, which followed a two-day trial in Brooklyn last week, Walker wrote, "Whether or not Ms. Teachout misrepresented her actual residence address to regulatory bodies in New York or elsewhere for self-interested purposes, any improprieties are for other bodies to address and not relevant to this determination."

In any case, the Cuomo campaign will do their best to eat up as much of Teachout's money and energy as possible with court challenges.

Democracy Cuomo-style!

UPDATE - 4:50 PM: Times reporter Nick Confessore raises a good point in Teachout's favor:

Teachout filed NYS tax returns w/NYC address for 5 yrs, so she was paying one of the highest state/local tax rates in the country. 1/2
— Nick Confessore (@nickconfessore) August 11, 2014

Why would she do that if she could plausibly file from Vermont? 2/2
— Nick Confessore (@nickconfessore) August 11, 2014