Wednesday, July 29, 2020

Working Families Party Files Reply Brief in NY Ballot Access Case Update


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

On April 2nd, 2020, the New York Ballot Access Law was Drastically Changed.

The Number of Signatures for a Statewide Independent, or the Nominee of an Unqualified Ballot Party, to become Ballot Qualified was raised:

- From 15,000 to 45,000 Signatures for an Independent Candidate.

- The Party Vote Test was Changed from 50,000 Votes for Governor every Four years, to a Vote Test every Two years, for the Office at the Top of the Ballot: President in some years, Governor in the other Election years. The Number of Votes went to the Greater of 130,000 Votes or 2% of the Total Votes Cast.

The Working Families Party (WFP) then Sued to Overturn the New Requirements.

CLICK HERE for the Party’s Reply Brief, Filed July 24th.

Plaintiffs respectfully submit this Reply Memorandum of Law and the accompanying Reply Declarations of Richard Winger and Gerard Kassar, both dated July 23, 2020 in support of their motion for a preliminary injunction invalidating and severing an unconstitutional party qualification statute which would eliminate virtually all of the New York’s minor political parties. The pertinent facts are largely undisputed.

Richard says: A Change in a Ballot Access Law, if it makes things Easier, it can take Effect Immediately. But if it makes things More Difficult, it can't be Enforced in the year in which it was Enacted. Something New York Governor Cuomo(D) doesn't understand. So this Law should become Law in 2021 Not in the November 2020 General Election.

Update

On July 27th, the New York Libertarian and Green Parties filed a Federal Lawsuit against the New Restrictive Definition of “Political Party” that New York Created on April 2nd, 2020. The Case is very Similar to the above Cases from the Working Families Party Lawsuit, and has been assigned to the same Judge. Libertarian Party of New York v Cuomo, s.d., 1:20cv-5820.










NYC Wins When Everyone Can Vote! Michael H. Drucker


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