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

Before this Legislation, the New York Congressional Primary was in June and the New York State & Local Primary was in September.

On January 14th, the New York Legislature Passed AB 779. It combines the Congressional Primary with the Primary for State and Local Office. The new Primary Date will be the Fourth Tuesday in June, which in 2020 will be June 25th.

The Bill moves the Petition Deadline for Independent Candidates, and the Nominees of Unqualified Parties, for All Office, from August to late May.

The Formula for the New Deadline is 23 Weeks before the General Election. In 2020 that will be May 26th.

Richard says this Deadline is Unconstitutional.

June has been Ruled Too Early in these Cases:

- The Ninth Circuit Enjoined Idaho’s June Deadline for a New Party Petition in Populist Party v Evans in 1984.

- The Tenth Circuit said in Wyoming, Populist Party v Herschler, 746 F.2d 656, that June was probably too Early for a Petition for a New Party in 1984.

- A U.S. District Court in Kansas Struck Down a June Petition Deadline in Merritt v Graves. Kansas Conceded the Deadline was Too Early and Signed a Consent Decree in 1988.

- A U.S. District Court in Nevada Enjoined a June Deadline in 1992 in Fulani v Lau.

- A U.S. District Court in South Dakota Invalidated a June Petition Deadline in Nader v Hazeltine, 110 F.Supp.2d 1201 (2000).

- The Ninth Circuit Invalidated Arizona’s June Deadline for Independent Candidates in Nader v Brewer, 531 F.3d 1928 (2008).










NYC Wins When Everyone Can Vote! Michael H. Drucker