The Independent View: NYC Mayor De Blasio Survives Challenge to WFP Ballot Line

New York City Mayor Bill de Blasio will appear on the Working Families Party (WFP) Ballot Line this November, after the New York City Board of Elections narrowly Overrode an Objection to the Party's Petitions, and a potential Legal challenge was dropped.

At a Board of Elections Meeting this morning, Commissioners opted to Override an Objection raised by their own Attorney, who said the WFP made a Clerical Error in how it Selected Citywide Candidates for the Ballot.

That same Clerical Error could also have threatened the Ballot Lines of the Reform Party, whose Lawyers had initially said they would challenge de Blasio's standing on the WFP Line. After the Board vote, Reform Party Leaders said they would withdraw that Lawsuit. “Everyone should be on the ballot," the Reform Party’s Staten Island Chairman, Frank Morano said.

At issue was a State Election Law that specifies which Branch of a Political Party has the Power to Endorse Candidates who are not Registered Members of the Party. For Local or Borough-wide Offices, that Power rests with the State Leadership of a Party. But for Citywide Office, that Power rests with the County Committees.

The WFP and Reform Party each Endorsed Candidates for Mayor, City Comptroller, and Public Advocate, who are not Members of their Respective Parties, and the WFP and Reform Party issued their Waivers from their State Party Leaders, in Violation of the Statute.

The problem with those Petitions was first raised by the Board of Elections' Lead Counsel, Steven Richman.

At the Board Hearing today, Election Commissioners first Voted Unanimously not to remove de Blasio and the other Candidates “Prima Facie,” after de Blasio’s Lawyer, Stanley Schlein, argued the Issue is too Technical to be Ruled on without a Hearing. Standing next to them was Morano, the Reform Party Official and Reform Party Lawyer Rich Luthmann, who had previously accused Richman of trying to Remove Reform Party Candidates in order to Protect de Blasio.

Minutes after surviving that Challenge, Schlein and WFP Attorney Alex Rabb appeared before the Board and argued that the lone Person who objected to de Blasio’s WFP Waiver had Filed that Objection too late. Rabb also agued that the WFP’s State Leadership had the Power to Grant the Waivers, since they do not have County Committees.
There are 15,393 Voters Registered in the WFP, according to the State Board of Elections. The Reform Party has 187 Registered Voters.

Five of the 10 NYCBOE Commissioners voted to Remove de Blasio and the other Candidates, one shy of the six needed. The other Five Commissioners voted against Removing the Candidates, or Abstained from the vote.

The Day's events leave de Blasio in Place on the WFP Line, along with the two other Democrats Endorsed by the WFP, City Comptroller Scott Stringer and Public Advocate Letitia James. It also left in place the Candidates Endorsed by the Reform Party: Democrat Candidate Sal Albanese for Mayor. Comptroller Candidate Michel Faulkner, and Public Advocate Candidate J.C. Polanco, both Republicans.