Judge orders Sanders, others to be reinstated to New York primary ballot

[left-of-center2012]

Source: The Hill

A federal judge issued a ruling Tuesday requiring New York to hold its presidential primary in June and restore Sen. Bernie Sanders (I-Vt.) and other former presidential contenders to the ballot.

The ruling from Judge Analisa Torres of the Southern District of New York, an Obama appointee, said that Gov. Andrew Cuomo’s (D) decision to scrap his state’s primary violated the First and 14th Amendment rights of White House contenders who have since ended their campaigns.

“The Court concludes that Plaintiffs and Plaintiff-Intervenors have shown a clear and substantial likelihood of success on the merits of their claim that the Democratic Commissioners’ April 27 Resolution removing Yang, Sanders, and eight other Democratic presidential candidates from the ballot deprived them of associational rights under the First and Fourteenth Amendments to the Constitution,” Torres ruled, referring to entrepreneur Andrew Yang, another former presidential candidate who filed the lawsuit against New York.

“We shouldn’t have nonessential primaries. There is only one candidate who is running,” New York Democratic Party Chairman Jay Jacobs said at the time.

Read more: https://thehill.com/homenews/campaign/496276-judge-orders-sanders-others-to-be-reinstated-to-new-york-primary-ballot

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“Senator Sanders wishes to remain on the ballot, and is concerned that his removal from the ballot would undermine efforts to unify the Democratic Party in advance of the general election,” Malcolm Seymour, an attorney representing the Sanders campaign, wrote at the time to Andrew Spano, the commissioner for the New York State Board of Elections.

[nitpicker]

1. Link to NBC

https://www.nbcnewyork.com/news/politics/judge-restores-ny-democratic-presidential-primary-on-june-23/2403840/

[jorgevlorgan]

2. k/r

[eggplant]

3. Sigh.

Looks like I'll be checking the "Joe" box on my absentee ballot, then.

[TomSlick]

4. Someone help me.

How does forcing an election in the middle of a pandemic advance "efforts to unify the Democratic Party in advance of the general election?"

Honestly, I'm not being snarky. I sincerely don't understand.

[democrattotheend]

7. You are wrong on several counts

First of all, Cuomo already ordered absentee ballot applications to be sent to all registered voters and that anyone who wants can vote by mail. Second, most of the state had other elections that day anyway, including a special election upstate to replace Chris Collins. If Wisconsin is any indication this could be a Congressional pickup opportunity.

Also, I think it will help unify the party because people who supported candidates other than Biden won't feel disenfranchised. Had the primary remained cancelled, it would have been used by Russian disinformation artists to convince some Bernie supporters that Biden got the nomination illegitimately.

[TomSlick]

9. I buy part of that.

The absentee ballots will certainly help the impact of the pandemic. Further, if people will be voting in other elections anyway, leaving candidates on the presidential ballot who have terminated their campaigns will not significantly increase the number of people voting in person.

Russian disinformation artists will do their thing no matter what is done. Anyone who believes that VP Biden obtained the nomination illegitimately either does not understand the democratic election process or disapproves of the process. The decision to file the lawsuit could not reasonably have been based on fear of the Russians.

I still do not understand how filing a lawsuit to require that a candidate who has endorsed the apparent nominee nevertheless be on the ballot advances party unity. However, I will allow that I have never been inextricably tied to any candidate. I think that had I been so tied to a candidate who had endorsed the apparent nominee, I would take my chosen candidate's endorsement at face value and vote accordingly.

[pnwmom]

15. One third of the counties have nothing else on their ballot. That's a lot of wasted effort

for those counties.

[NBachers]

18. Our candidate in the special election upstate to replace criminal Chris Collins, is Nate McMurray.

The Congressional District is NY 27, from just east of Buffalo to western Monroe County and Finger Lakes communities.

Nate McMurray is a brash and committed Democrat; an accomplished and educated local boy who done good. He's been tirelessly campaigning in every burg and hamlet in his district, and has created a strong grassroots ground game. He lost the last election by .37%. He can make it happen this time if we give him some support.

Once McMurray's elected, his tireless advocacy for Western New York will turn that region blue. There's a seat with his name on it waiting in the House of Representatives. Let's put him in it.

https://www.votemcmurray.com/

https://secure.actblue.com/donate/nate-mcmurray-4

[McKim]

32. Many Supported Universal Healthcare with Sanders

Many voters passionately wanted Sanders because he firmly supports universal healthcare. Voters deserve a chance to vote for that as a way to show candidate Biden that so many people want this policy. Thus they can influence the Democratic Party platform. It’s a simple matter of fairness and democracy. Otherwise these voters will feel sidelined and marginalized. This is in the interests of party unity and fairness.

[TomSlick]

41. I understand taking a principled position.

However, I question whether given the existential threat to the country posed by Trump and absolute necessity of defeating him in November, whether it is a good idea for any Democrat to vote against the person who will be the Democratic nominee.

I also do not understand how a former candidate can endorse the winner of the primary process and nevertheless insist that he remain on the ballot to encourage his supporters to vote against the candidate he has endorsed. It may be a function of some misguided sense of personal honor but if I tell someone I am on their side, I will be on their side.

[LizBeth]

5. Sanders. Once again. Sanders. Always Sanders. Like always Florida. Or always Karen.

[democrattotheend]

6. It wasn't Sanders who filed this lawsuit

It was Andrew Yang. I don't know why the media reporting this story is focused on Sanders exclusively.

As a New Yorker I am very happy about this. I was upset about not being able to cast a vote, even if only a symbolic one. And Cuomo already ordered that not only will everyone be allowed to vote by mail, but absentee ballot applications will be automatically sent to registered voters. As far as I know Republicans have not challenged this. So we won't have the same safety issues Wisconsin had. Plus, most of the state had other elections scheduled that day anyway. This should help the Democrat in the upstate special Congressional election.

[LizBeth]

8. Malcolm Seymour, an attorney representing the Sanders campaign. "Senator Sanders wishes to remain...

“Senator Sanders wishes to remain on the ballot"

[Igel]

10. And yet the post was accurate.

Sanders was affected, so had a right to say what he wanted. He doesn't have to conform to the Party line.

Yet he did not file the lawsuit.

Now, if you have evidence he would have filed the lawsuit had that chain not been Yanged, there ya go.

[LizBeth]

17. I stand with what I said in first post. I hope he gets his ass handed to him in humiliating fashion

even worse than 2016 by HRC.

[Rebl2]

13. Go away

Yang. By the way another win for Biden.

[onetexan]

33. Im mixed about this. Yang is a good guy & i partly agree

That ppl shld be allowed to vote for theircandidate if only symbolically.

[jimlup]

22. Naive in the extreme...

God I hope your side prevails but I don't have enough faith ... I fear that we have not gone bold enough.

I'm sure you have no idea what I'm talking about. And, unfortunately, it doesn't matter. The die is cast. God, i hope we succeed but we may not because we've been short sighted and naive and cast our lot with the tied and failed strategy.

(Oh dear, I fear the thought police will soon be after me ... )

[LizBeth]

31. My side? My side is the blue wave and getting Trump out. That is "my side". Not your side?

[jimlup]

37. sorry I am also on that side...

but I am nervous for our side. that is all.

[JustABozoOnThisBus]

34. I know exactly how you feel. Not sure I agree, though.

Not sure I disagree, either.

But, I continue to sail into the wind, bucking the tide, going against the flow. Que sera, sera.

[jimlup]

36. Hello and stay well!

[TexasTowelie]

11. With the budgets of state governments having huge holes blasted into them because of the pandemic,

this appears to be a pointless and futile exercise wasting money that could have a more useful purpose.

[democrattotheend]

21. The additional cost is negligible

The BOE, which probably overestimated costs for the lawsuit (or used the highest figure it could) estimated $5 million. New York's budget is approximately $177 billion. I'd say it's a small price to pay for preserving democracy and avoiding a terrible precedent.

[TexasTowelie]

26. It's still a waste of money.

The only precedent being set is by the Democratic Party who realizes that having money spent with only one active candidate is wasteful. The issue is not about preserving democracy.

[PubliusEnigma]

12. Fade away, Bernie. Fade away.

[lapucelle]

14. Here's what the BS campaign had to say, first by way of Weaver...

The Sanders campaign and many of its supporters in the state had requested that he remain on the ballot, for this reason. “What the Board of Elections is ignoring is that the primary process not only leads to a nominee but also the selection of delegates which helps determine the platform and rules of the Democratic Party,” Jeff Weaver, one of Sanders’ senior advisers, said in a statement sent to Politico. “New York has clearly violated its approved delegate selection plan. If this is not remedied, New York should lose all its delegates to the 2020 Democratic National Convention and there should be a broader review by the Democratic Party of New York’s checkered pattern of voter disenfranchisement.”

...and then by way of BS himself.

Link to tweet

*****************************************************************************************

How very, very unifying.

Have a donut, Jeff. Take one for a friend.

[George II]

20. What's interesting is a day after Weaver's statement, he started a new Super PAC to support Biden!

[lapucelle]

28. What will they do with the money, George?

Last edited Wed May 6, 2020, 09:00 AM - Edit history (1)

[SharonAnn]

16. More Bernie BS. Wish he would just go away. Sell-by date is way past due.

Why can’t he ever seem supportive, gracious, even generous.

[jorgevlorgan]

27. this was actually andrew yang's doing

Bernie was not responsible for the lawsuit that prompted the decision.

[George II]

19. Bizarre headline, it was Yang's lawsuit but the headline only mentions Sanders?

That's right, it's The Hill.

Also, I tried wading through the layers of The Hill's links in the article, but my understanding was that Cuomo didn't cancel the primary, the New York State Board of Elections cancelled it.

[Renew Deal]

23. Nothing unifies the party like another primary

It's another opportunity to vote against Sanders, so I guess that's good.

[Polybius]

24. Agree or disagree, the judge had little choice

While a primary election can be postponed, it can not be canceled outright.

[Me.]

25. Why Is BS So Willing To Be Humiliated Again?

As to gaining power with his delegated, I guess he doesn't understand how the world has changed. As for Yang, he was talking about running for mayor of NYC. He can forget that now.

[TomCADem]

29. How Is It that Republicans Can Just Wipe Out Presidential Primaries?

To avoid challenges to Trump, yet Democrats have to continue to risk their lives and go to the polls for a race that is over?

[burrowowl]

30. Good

All are on the ballot including the down ballot this is how the planks of the platform are worked out.

[Devil Child]

35. Thankful this decision was struck down by the judge

No such thing as a “non-essential” primary. All elections are essential Mr. Jacobs.

[Karma13612]

38. Since Biden is a lock

I wonder if voting for my originally preferred candidate will have an effect on the platform?

And would we get the results to see where the votes fell?

[Gothmog]

39. There will be an appeal

Link to tweet

[ripcord]

40. It is very simple actually

Removing the candidates would have been perfectly legal if they had withdrawn from the campaign but they never did that, they just suspended their campaigns and never asked for their names to be removed. Under election law they are still candidates if they qualified for the ballot and have not withdrawn.