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Andrew Yang Case Reinstates June 23 Primary In NYS In SDNY Judge Torres Order

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

SDNY COURTHOUSE, May 5 –  The New York State Board of Elections decided to cancel the Democratic Party presidential primary election that had been moved back to June 23 due to the Coronavirus pandemic. Then Andrew Yang and others sued, as Inner City Press reported below.

 Now on May 5, U.S. District Court for the Southern District of New York Judge Analisa Torres has ruled, Scribd here, Patreon here: "the preliminary injunction is GRANTED to the extent that Kellner, Spano, Kosinski, Valentine, and Brehm, in their official capacities, are ORDERED to reinstate to the Democratic primary ballot those presidential and delegate candidates who were duly qualified as of April 26, 2020, and to hold the primary election on June 23, 2020." More to follow.

  On May 4 the plaintiffs pointed out that the delegates that would have been selected in  primary "help shape the party's platform... I know you are an astute reader of the news, but there are significant differences between Senator Sanders and Vice President Biden, on health care, the Green New Deal and other issues. So it makes a difference who the delegates are."

   Judge Torres asked, As to Mr Yang, given that he suspended his campaign, what interest does he have?

    His lawyer replied, As a citizen and voter - he wants to cast his vote. He did not ask to be taken off the ballot. Mr. Yang is doing this for his supporters.

    Judge Torres then asked, How will down-ballot elections be impacted?   One of the plaintiffs' lawyer replied, Less interest. They could vote by mail, but won't due to less interest.

    Judge Torres noted, Other states which have the COVID-19 pandemic have not cancelled their elections.

   New York State BOE's lawyer said, We've been hit harder than anywhere else.

   One of the plaintiffs' lawyers said, If they are holding June election anyway, they save nothing by canceling presidential primary.

    Judge Torres asked, Is it true that elections will go forward in the most densely populated counties?

   Arthur Z. Schwartz replied, Yes - in counties where 75% of New Yorkers live. Everyone, any candidates, wants to be the next AOC. And there are Bernie supporters in every district.

   The NYS BOE lawyer said, The presidential primary canceled itself - they stopped contesting it. He said, Please stop cutting me off.   One of the plaintiffs' lawyer asked rhetorically, Is this the least restrictive alternative, under strict scrutiny? No.

    Another lawyer said, Whether an election is contested is not for the Board of Elections to decide. Mr Yang deserves to have his name on the ballot. He cited an old Chicago case about Harold Washington's party - saying that he had a right to be on the ballot, that removal is a severe burden so strict scrutiny applied. (He said this SDNY case likely to be appealed to 2d Circuit). 

   Plaintiffs' lawyer said, Kansas just voted 100% vote by mail. NYS could do it, or postpone to July to see where we are. Instead, a secret meeting, an illegal result.

    Plaintiffs lawyer says their complaint were responded to be lyrics from Crosby, Stills, Nash and Young and not legal argument.

   The NYS lawyer raised the stakes, saying that if Judge Torres rules for Yang, she will put election workers at risk. If they say they are no longer seeking the nomination, they can't really say they are burdened by being removed from the ballot. And the delegates' rights are derivative. "The parties don't even have to hold a primary if they don't want." I don't think I have to talk about how horrible COVID-19 has been to NYS. So this holds up against any standard of review.  Anyway, they have endorsed the only remaining candidate.

   The NYS lawyer ended with this: The plaintiffs are asking you to risk the lives of everyone involved.

    Judge Torres concluded, I don't have any additional questions. I will be issuing my decision in due course. I wish everyone good health. Goodbye. The case is Yang, et al., v. NYS Board of Elections, 20-cv-3325 (Torres). 


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