Thanks to Richard Winger of Ballots Access News for this post.
The New York Supreme Court, Niagara County, Invalidated the Ballot Access Changes made by the Public Campaign Finance Commission late last year.
The Ruling, which can be Appealed by the State, now Negates Albany’s Plans for $100 Million to help Finance Campaigns. It also preserves New York’s Unique “Fusion Voting” system, and maintains Current Qualification for a Political Party to get Ballot Access.
Hurley v Public Campaign Finance & Election Commission, E169547/2019. The Order says, The line between Administrative Rule-Making, which can be Delegated, and Legislative Action, which Cannot be Delegated, has Clearly been Transgressed.
Last year, the Legislature gave the Commission the Authority to decide if Fusion, the ability for a Candidate to appear on Multiple Ballot Lines, should be Removed from the State Laws. The Commission decided Not to Remove it.
Instead, the Commission Re-Write the Definition of a Qualified Political Party.
The Commission Raised the Vote Test for Party Recognition from 50,000 Votes for Governor, to the greater of 130,000 Votes for President and Governor, or 2% of the Total Vote Cast for that Office.
The Commission also Raised the Number of Signatures for a Statewide Independent, and the Nominee of an Unqualified Party, from 15,000 Signatures, to 45,000 Signatures, even though the Commission was never Asked to consider the Petition Requirement.
The Lawsuit was filed by the Working Families Party. An Identical Case, was filed by the Conservative Party, called Jastrzemski v Commission, which was Merged into the Working Families Case.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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