The New York Working Families Party (WFP) announced Tuesday it had Filed a Lawsuit meant to Protect the Practice of Fusion Voting, pre-empting an Election Law Commission that could End the Practice of Candidates Running on Multiple Ballot Lines.
They are being joined in the Legal Fight by the Conservative Party, which is also is Challenging the Governor's Commission’s Ability to End Fusion Voting.
“I believe this is no more than a power grab by the Governor and Democratic Party to consolidate their control and punish another political party,” said Conservative Party Chairman Jerry Kassar. “It is against the interests of hundreds of thousands of New Yorkers who each year choose to vote for cross endorsed candidates on third party lines.”
The Lawsuit represents a Fight by Minor Parties like the Progressive, Labor-backed WFP as well as Efforts by the Conservative Party to keep Fusion Voting Legal and allow their Parties to continue to survive in their current form.
As of February 2019:
- Conservative Party Active Voters = 147,637
- WFP Active Voters = 41,633
Plaintiffs of the Suit, filed in Niagara County, include Local Voters and Assembly Lawmakers David Buchwald (D-93rd District), Robert Carroll (D-44th District), Harvey Epstein (D-74th District), Walter Mosley (D-57th District), and Phil Steck (D-110th District) as well as Sen. Robert Jackson (D-31st District), and Working Families Party Board Members.
“The fusion voting system is a valuable part of our election system, which gives voters more choice and brings light to more issues. Moreover, it’s a voting right protected by our state constitution. The creation of a commission aimed at rolling back fusion voting rights was a mistake and I don’t believe it will hold up in court. I look forward to a favorable outcome in this case and a fusion voting system that continues to thrive.” Mosley said.
The Election Law Commission was formed as part of a Budget Deal in March as Part of a Compromise for Creating a System of Publicly Financed Campaigns, which the WFP Supports. But the Commission is Examining several facets of Long-Standing Election Law in New York, including Fusion Voting.
Cross-Party Endorsement has been in Place for a Century, giving Rise to Parties like the WFP and the Conservative Party, which can Endorse their Own Stand-Alone Candidates or Run Nominees of the Major Parties.
Gov. Andrew Cuomo has been at Odds with the WFP for much of his time in Office. The Party declined to Endorse him Initially in 2018, backing Cynthia Nixon in the Democratic Primary. Ultimately, the WFP gave Cuomo, and he Accepted, their Ballot Line after the September Party Primary.
The Party, with Cuomo on their Ballot Line, secured 114,478 Votes on its Gubernatorial Ticket, more than the 50,000 Votes needed to Maintain its Ballot Status, out Polling the Green Party.
The Commission is composed of Appointees of the Governor and the Legislative Leaders from both Parties. One of the Governor’s Appointees is Jay Jacobs, the State Democratic Committee Chairman.
Both the WFP and the Conservative Party have sought to tug the Major Parties to the Left or Right.
Republicans, who have been Shutout out of Statewide Office since 2006, have needed the Conservative Party Ballot Line to Win Statewide for the Victories of Figures like Former Gov. George Pataki.
The Suit filed by the WFP appears aimed at bolstering Fusion Voting before the Commission can Act. It’s due to Submit a Report by December. Unless Lawmakers Act, the Commissions recommendations will become Law.
“I believe that the state constitution prohibits ending fusion voting,” said Epstein, a Democrat from Manhattan. “The court must now send a clear message to the commission that it is not within their authority to end fusion voting.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
