Thanks to Richard Winger of Ballot Access News for this post.
On September 16th, the Appellate Division of the New York Supreme Court, Reversed the Opinion of the Trial Court and Ruled, that New York’s New May Petition Deadline for Independent Petitions is Constitutional.
In the Matter of the Application of Byron W. Brown v Erie County Board of Elections, CAE 21-01234.
The Four-Page Opinion says, that the State Interests in the May Deadline are:
(1) Ensuring the Integrity and Reliability of the Electoral Process.
(2) Promoting Political Stability at the Expense of Factionalism.
(3) Upholding the State’s Administrative Duty to meet Federal Deadlines for the Mailing of Overseas and Military Ballots.
Therefore, Voters in the November 2021 Election for Mayor of Buffalo, will see Only One Candidate on their Ballot, Democratic Nominee India Walton.
Richard says it is Preposterous to say that the State’s Interest in the “integrity of the electoral process” is enhanced by giving Voters a Ballot with only One Name on the Ballot.
He also said it is also Absurd to say that the May Deadline is needed for Administrative Reasons.
The Overseas Absentee Ballots do Not need to be Mailed until 45 days before the November Election, which means by September 17th.
New York had an August Petition Deadline for All the years before 2019, in which the 45-day Rule Existed, and had No Trouble Mailing Out the Ballots on time.
A Parallel Case on the May Petition Deadline is Pending in the Federal Courts, but on September 16th, the Second Circuit Stayed the Order of the U.S. District Court. So Independent Candidate, Byron Brown (D) and former Mayor, will not be on the Ballot as an Independent Candidate, for Missing the Deadline to be on the Ballot.
NYC Wins When Everyone Can Vote! Michael H. Drucker
No comments:
Post a Comment