On February 16, the New York Assembly Election Law Committee passed A9271, which moves the independent petition deadline from August to May. The bill also lowers the number of signatures for a candidate to get on a primary ballot by 25%, and shrinks the petitioning period for primary petitions from 38 days to 28 days. The bill does not change the number of signatures needed for independent candidates.
If the bill is signed into law in its present wording, it would be unconstitutional, because the independent petition deadline would not pass muster under Anderson v Celebrezze.
Anderson v Celebrezze
John B. Anderson was a declared candidate for the 1980 presidential election. On 16 May 1980, Anderson's supporters filed a nominating petition to the Ohio Secretary of State's office. Then secretary Anthony J. Celebrezze Jr. rejected the petition, because it was not filed by the state's deadline of seventy-five days prior to the presidential primary. At that time, the primary election was held on the Tuesday following the first Monday in June. In 1980, the deadline would have been 20 March.
The Supreme Court ruled that the statute was unconstitutional on two grounds. First, the statute violated the First Amendment to the United States Constitution by placing too high of a burden to petition the government. Second, the deadline was earlier than that required by candidates in the major parties, thereby violating the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
NYC Wins When Everyone Can Vote!
Michael H. Drucker
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1 comment:
Thank you for publicizing this outrageously bad New York legislative proposal. I hope the word gets around in New York state.
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