Tuesday, May 19, 2020

NY Presidential Primary Appeal Update

The Democratic Members of the State’s Board of Elections Canceled the June 23rd Presidential Primary, partly because Joe Biden would be the Only Candidate on the Ballot and the Risk to Poll Workers and Voters due to Covid-19 Pandemic.

A Federal Judge, U.S. District Judge Analisa Torres, in Manhattan, Ruled that New York Must hold the Democratic Presidential Primary on June 23rd, contending that Canceling it would be Unconstitutional and take Away the Ability of the Delegates to be Elected for the Party's Convention in August. Bernie Sanders (I-VT) and Andrew Yang (NY) Complained that doing so Weakens their Standing at the Democratic Convention.

Torres noted that a State Primary for Contested Races and Special Elections across New York State was occurring June 23rd anyway and said the State had enough time to figure out how to Safely carry out the Election.

The Democratic Members of the State’s Board of Elections filed an Appeal of the Federal Judge's Reinstatement of the New York Presidential Primary.

The 2nd U.S. Circuit Court of Appeals, in Manhattan, has Scheduled Oral Arguments for next Friday, May 14th.

On Friday, May 8th, 2020, New York Attorney General, Letitia James (D) asked the Appeals Court to Scrap the June 23rd, 2020, Democratic Presidential Primary in New York, saying the Election was Properly nixed. The Written Arguments were filed by James and Senior Assistant Solicitor, Judith N. Vale, saying former Vice President Joe Biden is essentially running Unopposed.

James and Vale said in their Papers that:

- More than 4,600 Additional Election Workers will have to work the Presidential Primary in a State where Three Elections Employees have already Died from the Coronavirus.

- Many Election Workers also have Health Issues that make them Vulnerable to the sometimes Deadly Illness.

- County Election Boards are already severely Understaffed because of Workers with COVID-19 related Issues.

- Boards also face Significant Challenges in creating Sufficiently Safe Polling Sites and in Hiring, Retaining, and Protecting Poll Workers.

- Eliminating the Presidential Primary was Not Unconstitutional because the State Legislature Changed Rules several weeks ago to Allow the Change.

- Noted that Sanders and Biden were Negotiating the Issue of Delegates, and they said Sanders or Yang could have Remained in the Race if they wanted to be in the Primary.

- 18 of New York’s 62 Counties contain Subdivisions, such as Cities, Towns, or Election Districts, where No Election will be Necessary without the Democratic Presidential Primary, and Seven Counties would require No Election at all.


Thanks to, Richard Winger of Ballot Access News, for this Update:

The Second Circuit will hear Yang v Kellner, 20-1494, at 1 p.m. The Three Judges are: Amalya Kearse, a Carter Appointee; Dennis Jacobs, a Bush Sr. Appointee; and Jose Cabranes, a Clinton Appointee.

On May 19th, the Second Circuit Required New York to Conduct a Presidential Primary on June 23rd. Biden, Sanders, and Yang will be on the Ballot.

Commissioner Kellner (D) said Tuesday that the Board wouldn’t Appeal the Second Circuit’s Decision: "so we can focus all of our attention on the daunting tasks of managing the primary election in a way that minimizes the risks to the public and to election workers.”

NYC Wins When Everyone Can Vote! Michael H. Drucker

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