Bernie Sanders (I-VT) formally suspended his Campaign earlier this month, but said that he Planned to Stay on the Ballot in Upcoming Primaries in order to Maximize his Influence, with the most Delegates, he could bring to the Democratic Party’s Platform and Rules Committees.
Five days later, New York Gov. Andrew Cuomo (D), Signed a Budget Bill with an Obscure Provision Authorizing the State’s Board of Elections (BOE) to Remove from the June 23rd Presidential Primary Ballot, those Candidates who have Withdrawn from the Presidential Campaign.
Malcolm Seymour, an Attorney Representing the Sanders Campaign, argued in the Letter to the BOE that the Provision should Not Apply to Sanders “retroactively,” since he might have Acted differently if it had been in effect when he Decided to Suspend his Campaign.
“The retroactive application of [the change in election law] would severely impact Senator Sanders’ core substantive rights,” Seymour wrote in the Letter. “Because of the severity of this potential deprivation, the presumption against retroactive application must operate with maximum force.” Seymour further noted that the New Law merely States that the BOE “may,” rather than “must,” decide to Remove from the Ballot Candidates who have Ended their Campaigns for the Nomination.
The Two Democratic Members of the BOE, Co-Chair Douglas Kellner and Commissioner Andrew Spano, is due to Meet Today, April 27th, to decide on Sanders’ Potential Removal. The Two Men must reach a Unanimous Decision in order to Cut Sanders from the Ballot. Prior to that meeting, Kellner said he thinks he is Legally Obligated to Remove Sanders. Spano expressed Ambivalence, however, he is weighing the Inconvenience to County Governments Ballot Printing Cost against the desire of Sanders Supporters for a “voice at the convention.”
Remaining on the Ballot in New York is a Priority for Sanders because he hopes to Win enough Convention Delegates Nationwide for his Allies to receive at least 25% of the Seats on the Three Key Convention Committees in August: Rules and Bylaws, Party Platform, and Convention Credentials.
A Quarter Share of the Committees’ Membership ensures that Sanders’ Bloc will have the Opportunity to Submit a Minority Report to the Convention Floor for a Vote on Matters such as Permanently Disempowering the Party Insiders and Elected Officials known as “superdelegates.” Sanders’ Allies, in 2016, helped shepherd through Rule Changes barring the superdelegates from Voting for a Presidential Candidate on the First Convention Ballot, but that move Applies only to the 2020 Convention.
Currently, there are 11 Democratic Presidential Candidates who remain on the Ballot in New York: Sen. Michael Bennet (CO); Joe Biden (DE); Michael Bloomberg (NY); Former Mayor Pete Buttigieg (South Bend, IN); Rep. Tulsi Gabbard (HI); Sen. Amy Klobuchar (MN); Former Governor of Massachusetts Deval Patrick (MA); Sen. Bernie Sanders (I-VT); Tom Steyer (CA); Elizabeth Warren (MN); and Andrew Yang (NY).
Should the Board decide to Remove All of those Candidates, the State’s Presidential Primary would be Canceled and some 20 of the State’s 62 Counties would Not hold any Primary Elections at All as a Result.
In late March, Cuomo postponed the New York Presidential Primary from April 28th to June 23rd because of the Coronavirus Pandemic. That made the Presidential Primary coincide with New York’s Congressional and State Legislative Primaries. Some Left-Wing Activists in the State hoped that Sanders’ continued Presence on the Ballot would Benefit Progressive Candidates running for lesser Offices who might get the Support of Sanders Voters who would Not otherwise Turn Out. Those Activists now Fear the Effort to Remove Sanders is Motivated by a Desire to Undermine Primary Challengers.
Larry Cohen, a Top Sanders Ally and former President of the Communications Workers of America, is urging the Board of Elections to give Sanders Supporters in New York a chance to make their Views known. “Your mission is democracy. Your mission is to let people vote, not to come up with some scheme to stop them,” he said of the Board’s Responsibility.
New York State will face Issues of its own if it decides to Remove Sanders. It will have to get the Democratic National Committee’s Approval for a New Plan to Allocate Convention Delegates who would otherwise be Awarded based on the Outcome of the Primary. If necessary, Cohen said he is prepared to try to Challenge the Legitimacy of the State’s Delegates in the Convention’s Credentials Committee. Cohen also cautioned Biden that Sanders’ Removal could hinder Efforts to Rally the Democratic Party’s Progressive Wing behind the Presumptive Nominee. “This is not the way you build unity,” Cohen said.
UPDATE
New York Officials Canceled the State’s Democratic Presidential Primary on Monday, calling the Vote a beauty contest that the State can ill afford in the face of the Coronavirus Epidemic.
The move by Democrats on the New York State Board of Elections followed the Decision by Senator Bernie Sanders to Concede the Democratic Presidential Nomination to former Vice President Joseph R. Biden Jr., rendering the Primary Unnecessary, giving Biden 274 Pledged Delegates with 46 superdelegates.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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