Independence Party Victory Survives

On June 27, the US Court of Appeals, 2nd circuit, refused to disturb the Independence Party’s victory last year, on the issue of whether the party had the right to let independent voters vote in its primary. One county unit of the Independence Party (Richmond County, which is Staten Island) had passed a resolution saying independents could vote in its primary for legislature. That 2004 primary was the first primary in New York state history in which independent voters could vote. The State Board of Elections had tried to persuade the 2nd circuit that the US District Court judge should not have issued the injunction that allowed independents to vote in the party’s primary. But on June 27, the 2nd circuit said the issue was moot. The state’s argument had been that only the full county committee, not just the county executive committee, had the right to make the rules change. The US District Court had said the executive committee had the power to make the rules change.


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