Andrew Yang Sues Over NY Canceling Presidential Primary

Andrew Yang, the former Presidential Candidate, along with Seven New Yorkers who filed to Serve as Yang Delegates to the Democratic National Convention, filed Suit Monday, April 27th, arguing that they should Not be Removed because they had otherwise met the Requirements to be on the Ballot. The Suit is against the New York State Board of Elections in Federal Court after the State Election Commission effectively Canceled the Democratic Presidential Primary.

The New York State Board of Elections, effectively Canceled the Presidential Primary, when the Two Democratic Commissioners Voted to Strip every Candidate, except Former Vice President Joe Biden, off the Ballot because they were No Longer Actively seeking the Presidency. This is the State Law when there is only One Candidate in a Primary Race. The Candidate is automatically on the General Election Ballot.

The move infuriated Supporters of Sen. Bernie Sanders (I-VT), who Suspended his Campaign but Publicly said he wished to Remain on the Ballot of the remaining Primaries so he could continue to be Awarded Delegates to sway the National Convention Committees.

Without a Presidential Primary, it’s now up to the State Democratic Party to Vote on which Delegates go to the Convention. New York has 274 Pledged Delegates with 46 superdelegates. Much of the Democratic Establishment in New York supports Biden. However, the Party would like to work with both the Biden and Sanders Campaigns to find a way to Fairly Allocate Delegates to both Candidates.

The Suit filed by Yang also Argued that Axing the Democratic Presidential Primary would hurt Down-Ballot Candidates. But a Number of Poll Sites, in 20 Districts, across the State, will No Longer need to Open because the Presidential Primary was the Only Race on the June 23rd Ballot.

Richard Winger of Ballot Access News finds: the Complaint is Technically Flawed. Under the Eleventh Amendment, the Defendant can’t be Solely a State or a State Agency. The Defendants must Include some Individual State Office-Holders. Also, the Complaint is dated April 28th, 2011, but the Authors of the Complaint clearly meant to show April 28th, 2020. However, it is easy at this stage for the Complaint to be Amended. The Case is Not yet Assigned to a Judge.

UPDATE

On April 29th, U.S. District Court Judge Analisa Torres, was Assigned to the Lawsuit, Yang v New York State Board of Elections, s.d., 1:20cv-3325.










NYC Wins When Everyone Can Vote! Michael H. Drucker