Wednesday, December 7, 2016

NYS Court Upholds Deadline for Voters to Switch Parties


Thanks to Richard Winger of Ballot Access News for this post.

On December 6th, a New York State Trial Court held a hearing in Moody v New York State Board of Elections. At the conclusion of the oral argument, the Judge ruled for the State. The issue is the very early deadline for a voter to switch Parties. People who wanted to vote in the Democratic or Republican Presidential Closed Primaries of April 2016, or any State Closed Primaries, had to have been registered into that Party by October 2015. No other State has a similar deadline.


Mark Moody (center) with at least three dozen citizens who showed up in Court to support his cause. Photo: Gregory P. Mango

I planned to attend, but a back problem won out.

A Manhattan Judge Tuesday tossed a lawsuit challenging the State’s Closed Primary system, disappointing a crowd of around 50 supporters who’d gathered to hear Legal arguments.

“This isn’t going to make me very popular in this room but the petition is hereby denied,” Manhattan Supreme Court Justice Arthur Engoron ruled from the bench.

Trial attorney Mark Moody had sued the State and City Board of Elections shortly after April’s Primary Elections, saying that million of New Yorkers, including President-Elect Donald Trump’s own kids, were barred from voting in the Presidential Primary because they didn’t change their Party affiliation before the October 2015 deadline.

Moody argued in Court Tuesday that the system is unconstitutional because in disenfranchises voters who are not registered with a Major Party.

State Attorney Roderick Arz countered, “this is not disenfranchisement, this is a decision to apply a broadly applicable deadline.”

Judge Engoron agreed that Political Parties have a right to regulate their Primaries “as long as they don’t run afoul of constitutional dictates” like gender or racial discrimination. Moody said he’s likely to appeal.











NYC Wins When Everyone Can Vote! Michael H. Drucker
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