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SAM Party of NY and WFP Are Denied Stay of  Requirement of Fielding Presidential Candidate

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Sept 1 – In the shadows of challenges to New York State's on-again, off-again June 23 primary, the SAM Party of New York has sued for its right to be on the ballot even if it does not field a U.S. presidential candidate.

 On May 21, U.S. District Court for the Southern District of New York Judge John G. Koeltl held a hearing in the case, and Inner City Press covered it, see below.

 On June 8 there was another hearing in the case, this time related to a case by the Working Families Party. The hearing, also covered by Inner City Press, was almost entirely procedural. "The time to respond to the motions for a preliminary injunction is July 3, with replies by July 24, courtesy copies to be delivered to the Courthouse promptly after July 24."

 Now on September 1, this ruling: "Both the SAM Party and the WFP have moved for a preliminary injunction to enjoin the application of the party qualification requirements. Because the SAM Party and the WFP plaintiffs have failed to demonstrate that allowing the amended party qualification requirements to take effect would violate their Constitutional rights, otherwise cause irreparable harm to the plaintiffs, or be against the public interest, their motions are denied."

  Back in May SAM's lawyers asserted their First Amendment association rights, and asked for a preliminary injunction. Judge Koeltl ordered that the response is due on June 25, and the reply July 15, with any amicus curiae briefs due by June 25.

Inner City Press will continue to cover the case. It is SAM Party of New York et al v. Cuomo et al., 20-cv-323 (Koeltl). 

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