NY SAM Party Files Federal Lawsuit Against Requirement that Parties Poll 130,000 Votes for President

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

On January 14th, the New York Ballot Qualified SAM Party, filed a Lawsuit against the New Law that Removes Parties from the Ballot if they Fail to Poll at least 130,000 Votes for President, or 2% of the Presidential Vote, whichever is greater.

The Serve America Movement (SAM) Party received Ballot Access in 2018 with 55,441 Votes for Governor, under the old rule of 50,000+. This would have given the Party Four years of Ballot Access.

The New Law went into effect in 2019 even though the Legislature did Not Pass any Bill on this Subject. It became Law because the Legislature Empowered a New Commission, Campaign Finance Reform Commission, to create a State Matching Political Donation system and write a New Election Law, but only if Fusion Voting should be Eliminated.

Leaders of Minor Political Parties had Sued over Concern that the Commission would End New York’s Practice of Fusion Voting, which Allows Candidates to Accept the Nomination of more than One Political Party and appear on more than One Ballot Line. The Commission ended up Leaving Fusion Voting alone. But Minor Party Supporters said the Commission's Plan still makes it Harder for Smaller Parties to get on the Ballot.

There are a Number of Court Cases saying the Commission did Not have the Authority to make this Change.

The Case is SAM Party v Cuomo, s.d., 1:20cv-323. It is not yet Assigned to any Judge.

It points out that the SAM Party does Not desire to Nominate anyone for President in 2020. It therefore seeks a Ruling that Requiring a Party to Run someone for President in order to Retain Qualified Status Violates the U.S. Constitution.

The Only other States that Absolutely Require Parties to make a Certain showing for President, to Remain on the Ballot are: Arkansas, Iowa, Kentucky, and Washington.

Tennessee Requires a Showing for President in years when No U.S. Senate Race is on the Ballot.

New Mexico's Law is Ambiguous.

Most Parties that are Ballot-Qualified in even a Single State tend to want to Run someone for President, so No Lawsuit like this has ever before been Filed.

The New Law provides that if any Part of it is held Unconstitutional, then All of the Commission's Changes are Void.










NYC Wins When Everyone Can Vote! Michael H. Drucker