Randy Credico is the U.S. Senate nominee (full term) for the Libertarian Party of New York, and also the U.S. Senate nominee for the Anti-Prohibition Party. On October 6 he, along with both political parties, filed a federal lawsuit against a New York election law that doesn’t permit his name to be listed twice, even though both the parties that nominated him are on the ballot and even though New York permits fusion for qualified parties. Neither the Libertarian Party, nor the Anti-Prohibition Party, is a qualified party in New York. The case is Credico v New York State Board of Elections, eastern district, cv10-4555. Here is the brief.
The judge obligingly has already held a hearing and is promising a quick decision. The New York law says when a qualified party and an unqualified party jointly nominate a candidate for statewide office, that candidate is printed on the ballot twice, and a voter can choose which label to support. But when two unqualified parties jointly nominate someone, the candidate’s name can be printed only once (although both party labels are next to the candidate’s name, in small print).