On October 16, a New York state trial court judge removed the Republican and Conservative nominees for Judge of the State Supreme Court from the November ballot. See this story. The basis was that the nominating conventions for this office, for these two parties, violated state law. The ruling says the parties may convene a new convention and re-nominate.
New York elects State Supreme Court Justices from districts. This incident concerns the Fifth Judicial District, which, this year, is electing four justices. Although the Republicans have been removed from the Republican line and the Conservative line, they are still on the ballot as Independence Party nominees. The Conservatives had only nominated three of the four Republicans. The Fourth District is centered on Syracuse. UPDATE: here is the decision in the Conservative Party case. Here is the decision in the Republican Party case.
One more case giving ZERO respect to the USA troopers fighting barbarians overseas —
who try to vote via absentee ballots.
Do last second ballots have to be blank and sent via ICBM’s to the front line troopers ???
How evil rotted is it having partisan hack judges ???
= partisan hack *justice*
esp. in any *politics* cases.
See the appointed SCOTUS partisan hacks.
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PR and nonpartisan AppV
NY — *supreme* court =
superior/circuit [trial] court [major cases] in most States.
https://www.salon.com/2018/10/16/florida-supreme-court-just-thwarted-the-republican-governors-underhanded-and-desperate-plot_partner/
MAJOR hack machination in Florida – stopped..
The EVIL HACKS love to have HACK control —
in their EVIL rotted DNA from Hell —
as natural for the HACKS as spiders eating flies.
In New York, a State of Con-Fusion, the Supreme Court is equivalent to district courts in other states, even though the judges are styled as justices. The Court of Appeals is the state’s highest court. Its judges are styled as judges.
The Supreme Court has an Appellate Division, which consists of Supreme Court justices designated by the governor. Supreme Court justices are elected in 13 judicial districts. 5 districts correspond to the 5 NYC borough/counties. There are 8 multi-county districts outside NYC (upstate and Long Island). Justices are elected to 14-year terms. The number elected in a given year (both even and odd) can varying widely based on resignation, and completion of terms. While elected by district the justices are assigned to supreme court sessions in the counties of the district. Formally, the Supreme Court is a a statewide body with over 300 justices.
Supreme Court justices are nominated by the judicial conventions which were litigated in Lopez Torres. Delegates to the convention are elected at the primary from assembly districts. In New York, most nominees are chosen by the party bosses. A challenger must petition to get on the primary ballot. This is not an easy task since it must be done for each assembly district and there are multiple delegate positions. If there are no challengers (normal case for judicial convention delegates) the race does not appear on the ballot.
Renominate? The ballots are not printed yet?
Need an army of lawyers to have party hack nominations in rotted NY ??? —
step by step flow sheets or what !!!
What EVIL hacks set up the rotted *system* ??? — in 1890s ???
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NO party HACK caucuses, primaries and conventions — esp. controlled by HACK party bosses
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PR — legis
Appv — exec/judic
The judicial nominating conventions are quite obscure, with a few dozen party loyalists rubber-stamping the choice of the party bosses (see Lopez Torres). My guess is that many other conventions violated the statute. The petitioners in the court cases were enrolled members of the Republican and Conservative parties, putatively aggrieved by irregularities by their party. This is similar to the case of the guileless dupe in the Ohio Libertarian gubernatorial case. Except in this case the “Republican” plaintiff is the brother of a Democrat candidate for the office.
There is a statute that says the “person” who calls a convention to order shall have no other function than calling the roll of delegates to elect a temporary chairman. I suspect that this has been interpreted to apply to the role as convenor rather than the person who convenes. The statutes really don’t set out other details about conventions. The statute might be challenged on the basis of interfering with internal affairs of a party. Remember in Lopez Torres the Democratic Party bosses were content with the inane procedure. I doubt that maintaining a bozocracy is a legitimate state interest.
The case was apparently filed in Albany because the NYSBOE had certified the candidate’s for the general election ballot. Had it been filed in Syracuse there would have been severe conflicts of interest. Two of the candidates knocked off the ballot are incumbent Supreme Court justices who are seeking re-election.
The judge who ruled in Albany was an associate supreme court justice, which means he was appointed. New York does not provide for enough justices to be elected to service the work load. So rather than increasing the number elected, they appoint some more. Perhaps the case was assigned to an appointed justice since regular justices are elected by this Goldbergian system.
It appears that the Albany judge didn’t want to knock anybody off the ballot but gave them an out by letting them do a do-over on the conventions.
The Conservative and Independence parties cross-nominated three other Republican candidates but also cross-nominated one of the Democratic candidates. One Republican candidate is nominated solely by them.
PUBLIC Electors doing PUBLIC nominations of PUBLIC candidates for PUBLIC offices —
by caucuses, primaries, conventions — via PUBLIC L-A-W-S.
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The clubby *internal* *private* party stuff is the same as for any private clubby club.
IE – TOTAL separation of public stuff from private stuff.
See earlier Texas White Primary cases 1928-1932.
See the Eu op. 1989.
Brain dead CA Dem op 2000 — one more op to over-rule.
@DR,
Why should New York dictate the internal workings of a convention?
PUBLIC Electors doing PUBLIC nominations of PUBLIC candidates for PUBLIC offices —
by caucuses, primaries, conventions — via PUBLIC L-A-W-S.
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Too difficult to detect *** PUBLIC *** ???
see Classic 1941 — a mere 77 years ago.