NY Budget Includes Political Party Ballot Thresholds

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

On April 1st, the New York Legislature again Passed the Ballot Access Restrictions, that was added to the State Budget, that had been Invalidated by the Court.

The most Controversial Aspect of the New law is the Change it makes to Political Party Thresholds and Ballot Access Requirements.

Statewide Candidates now have to get 45,000 Signatures from Voters to get on the Ballot, up from 15,000. For an Automatic Ballot Line, a Party must Receive at least 130,000 Votes or 2% of the Vote, whichever is higher, every Two Years in a Gubernatorial or Presidential Election, up from 50,000 Votes every Four Years in a Gubernatorial Election. These New Thresholds also take effect Immediately.

This change will leave New York Voters with only the following Party's Candidates on the Ballot: Democratic Party, Republican Party, and Conservative Party.

They increased the Number of Signatures for Statewide Independent Candidate Petitions, and for the Nominees of Unqualified Parties, from 15,000 to 45,000 Signatures, but kept Fusion Voting.

These Changes had been Invalidated on March 12th by a State Supreme Court, on the Basis that the Legislature had Not Passed Them. Now the Legislature has Passed them.

Case Law is very clear that States Cannot Increase the Number of Signatures for Ballot Access in an Election Year. The U.S. Supreme Court Summarily Affirmed in Hudler v Austin, in which a Michigan Law that was Passed in April 1976 was Invalidated, as to the 1976 Election, Not on the Merits, but because it was being Enforced for the 1976 Election. 419 F.Supp. 1002, (e.d.Mi.), Aug. 18, 1976; affirmed, 430 U.S. 924 (1977).

The Working Families Party (WFP), which is among a Handful of Smaller Parties that could see their Automatic Ballot Lines at Risk, Reacted quickly and sternly.

"Governor Cuomo claims that now is not the time for politics — yet behind closed doors he is blocking voters from supporting minor parties and the values they stand for,” said Sochie Nnaemeka, State Director of the New York Working Families Party, in a Statement. “At a time when many Democrats are calling for fair and open elections, the Governor has made New York the most hostile state toward third parties in the entire nation. When he created a commission to wipe out third parties we sued and won. We feel as strongly now as we did then that the law is on our side — and we will win again in court."

So using the Supreme Court Ruling, the Change could become Law in 2022.










NYC Wins When Everyone Can Vote! Michael H. Drucker