Judge orders Schoharie County elections commissioner off the job
Republican-majority Board of Supervisors tried to install 92-year-old Democrat who does not use email and lives part-time in Florida
Times Union – October 21, 2025
SCHOHARIE — Schoharie County officials improperly appointed its Democratic elections commissioner when it gave a 92-year-old the job over the objections of his party, a state Supreme Court judge recently ruled.
But it’s unclear if and when that may happen: The Board of Supervisors and Hay intend to appeal the decision, according to a notice their attorney filed in court Monday.
Reached by phone the same day, Hay declined to comment. The Board of Supervisors’ chairman did not not respond to a request for comment, nor did its attorney.
With Hay out of the job for now, Deputy Democratic Elections Commissioner Sara E. Masterson is acting Democratic Elections Commissioner under the rules outlined by state election law, she said Monday. The county’s local elections are approaching in two weeks.
The role of Democratic elections commissioner pays about $25,000 annually in Schoharie County. The county is no longer paying a salary to Hay, Masterson said.
Along with a fellow Republican commissioner, the Democratic elections commissioner oversees a staff of four full-time employees and dozens of temporary workers who staff polling sites and operate voting machines. They also manage voter registration and certify election results.
The lawsuit challenging Hay’s appointment was filed in March by two Democratic candidates, Michael Dugan and Miriam McGiver, who sought to replace Hay in the role with the backing of the Schoharie County Democratic Committee.
The county Democratic Committee no longer supports Hay for the job because he does not use a computer or email and spends some of his time living in Florida. Hay used to lead the Schoharie County Democratic Committee, but the organization chose not to nominate him for the job of election commissioner last year.
Meanwhile, Hays’ defenders, including two Democrats serving on the Board of Supervisors, believe his political connections and years of experience mean he should continue as election commissioner for the rest of the four-year term.
Theresa Heary, chair of the Schoharie County Democratic Committee, called the judge’s order vacating Hays’ appointment “good news.”
“They ignored the law and they thought they were going to get away with it,” Heary said.
The Democratic candidates alleged and the judge agreed that the Republican-led county Board of Supervisors did not follow state election law when it chose to reappoint Hay.
“While the Democratic members of the Board were not required to appoint Dugan, they were not permitted to appoint an election commissioner that was not nominated by the SCDC at this stage,” Judge James H. Ferreira wrote. “Therefore, the unauthorized appointment of Hay as election commissioner must be annulled.”
Ferreira did not grant the plaintiffs’ request to compel the Board of Supervisors to appoint either Dugan or McGiver to the job, noting the county should choose a replacement through the procedure in the law.
Anticipating that Hay will eventually be replaced, the Democratic Committee intends to select a nominee it can recommend for the job, Heary said. That person could be one of the plaintiffs in the current lawsuit, or someone new.
McGiver confirmed Monday that she remains interested in the job, but said the role should go to whomever the Democrats collectively pick.
“After almost 60 years, it is time for (Hay) to pass it on to someone else,” said McGiver, 64, an engineer for the state Department of Environmental Conservation. “I wish he could let go of it gracefully because I am thankful for the things he has done.”
Dugan, a former narcotics detection dog handler for U.S. Customs and Border Protection who has worked periodically as an elections technician, was not available to comment due to a recent stroke.
The Schoharie County Board of Elections has had other recent shake-ups. Republican Deputy Elections Commissioner Michelle Price was appointed interim county treasurer in August, after the departure of the former treasurer amid allegations of thousands of unreconciled checks and health insurance overpayments. Ben Cooper, who worked for 29 years in the county Department of Public Works, began as the new Republican Deputy Elections Commissioner in September.
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