The New York Democratic Presidential Primary must take place June 23rd because Canceling it would be Unconstitutional and deprive Withdrawn Presidential Candidates Bernie Sanders (I-VT) and Andrew Yang (NY) of Proper Representation at the Democratic Convention, a Judge Ruled Tuesday.

U.S. District Judge, Analisa Torres, in Manhattan Ruled after Hearing Arguments a day earlier as Lawyers for Sanders and Yang argued that it was Wrong to Cancel the Primary. The Judge said there was enough Time before the Primary occurs to figure out how to carry it out Safely.

Torres wrote that “the removal of presidential contenders from the primary ballot not only deprived those candidates of the chance to garner votes for the Democratic Party’s nomination, but also deprived their pledged delegates of the opportunity to run for a position where they could influence the party platform, vote on party governance issues, pressure the eventual nominee on matters of personnel or policy, and react to unexpected developments at the Convention.”

It also “deprived Democratic voters of the opportunity to elect delegates who could push their point of view in that forum,” she said. “The loss of these First Amendment rights is a heavy hardship.”

The Democratic Members of the State’s Board of Elections Voted last week to Cancel the Presidential Primary. The Current Law says if there is One Candidate on the Ballot for a position, that Person goes on to the General Election. Since All the other Candidates had Dropped Out of the Race, it met the Law to Cancel the Democratic Primary. They did the same for the Republican Primary, as the Only Candidate was President Trump.

They also cited the Danger to Voters from the Coronavirus as a Reason to Cancel the Election since former Vice President Joe Biden has been endorsed by the Major Candidates he had faced.

The fact that the Primary was going to occur on June 23rd anyway because of other Contested Races, in some Districts including a Number of Congressional Primaries and Special Elections, led Torres to question, on Monday, why the State Primary and Special Elections wasn’t Canceled entirely if Safety was such a Concern.

Asked for Reaction to the Ruling, New York State Democratic Party Chair Jay Jacobs said: “We are reviewing it.” Jacobs had called Holding the Primary “unnecessary” with the Suspension of Sanders’ Campaign and said Reduced Turnout could Reduce the Need for as many Poll Workers.

State Board of Elections Spokesman John Conklin said: “No comment at this time. Our lawyers are reviewing the decision.”

Biden’s Campaign Declined to Comment. The Campaign has kept its Distance from the situation, saying the Campaign Didn’t Ask for the Primary to be Scrapped and Not wanting to become Embroiled in a New Fight over nearly 300 Delegates to the Summer Convention.

Biden became the Presumptive Nominee when Bernie Sanders Suspended his Campaign and Endorsed Biden, but Sanders had made clear that he wanted to continue Collecting Delegates from Remaining Primaries, including in New York, to Maximize his Influence over the Party Platform and other Committee Decisions at the Democratic Convention this summer.

Sanders’ Allies Celebrated the Ruling. “Credit to Andrew Yang and all the grassroots groups that have been carrying on the fight for democracy in New York,” said Larry Cohen, who Chairs Our Revolution, the Grassroots Organization spun out of Sanders’ 2016 White House Bid. “Vote by mail is the answer to the pandemic,” Cohen continued, “not canceling the presidential primary when more than 80% of democrats have other elections the same day.”

Sanders’ Representatives, in a Statement forwarded by Attorney Arthur Schwartz, who argued before Torres, called the Decision “an extraordinary victory for the democratic process here in New York, a state much in need of something to cheer about.”

Attorney Jeff Kurzon, Representing Yang and Congressional Candidate Jonathan Herzog, said he was thankful that the Judge upheld the Laws and Protected the Right to Vote. “We are fired up and up and ready to go vote on June 23!,” he wrote in an email.

Update

Gov. Cuomo said All Eligible Voters will get an Absentee Ballot Application for the June 23rd Elections with a Self-Stamp Return Envelope.










NYC Wins When Everyone Can Vote! Michael H. Drucker