On June 13, the New York Libertarian Party filed a Federal lawsuit against the State law that bans out-of-state circulators. Merced v Spano, e.d., 1:16cv-3054. The case was assigned to Judge Sterling Johnson, Jr., a Bush Sr. appointee.
New York, New Jersey, Missouri, and Connecticut are the only states that still ban out-of-state circulators for General election candidate petitions. Earlier this year, the Connecticut ban was enjoined, in a lawsuit filed by the Connecticut Libertarian Party.
On July 12th, at the New York Board of Elections meeting, this issue was discussed and whs waiting for the courts decision.
On July 14, U.S. District Court Judge Sterling Johnson, Jr., refused to enjoin the New York State law prohibiting out-of-state circulators. Merced v Spano, e.d., 16cv-3054.
His reason is that the lawsuit wasn’t filed until one week before the start of the independent petitioning window and in the middle of minor party petitioning.
The decision says that the Libertarian Party has been petitioning in New York State starting in 1974.
However, the order also says the Plaintiffs have demonstrated a likelihood of success, at least in overturning the law that says circulators must be registered voters in New York, as opposed to just residents of the State.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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