Despite the fact that a state Supreme Court justice restored his name to the ballot last week, incumbent Councilman Alan Gerson's name is nowhere to be seen.
The city Board of Elections says its longstanding policy is to print all absentee ballots immediately following the completion of hearings on challenges to candidates' designating petitions to ensure compliance with the legal requirement that the ballots be sent out 32 days prior to an election.
From Ballot Access News: This policy violates what the U.S. Supreme Court said in American Party of Texas v White. That 1974 decision upheld many Texas state ballot access laws, but the one victorious point in that case was that the U.S. Supreme Court said it violates the U.S. Constitution to omit a candidate (who is on the regular ballots) from absentee ballots. This part of the decision is on pages 794-795 in U.S. Reports.
Use the above link to read the entire article by Elizabeth Benjamin from the Daily News, The Daily Politics Blog.
Michael H. Drucker
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