Ever since 2006, the Independence Party of New York has been engaged in an internal battle between the state officers and the branch of the party in New York city. First, the state officers tried to expel all the New York city activists who are allied with Lenora Fulani, but the Supreme Court in both Manhatten and Brooklyn ruled that state party officers could not do that. Those cases were McCarthy v Conroy, Kings County 26041-06, and McKay v Mandell, New York County 109502-06. They were issued in August and September 2006.

Then, the state officers passed a Bylaw giving themselves power to remove any county party officers, even if those county party officers had been chosen by county committees that are composed of elected precinct committeemembers. Having passed that bylaw, the state officers tried to remove the county officers in New York city. But a Supreme Court in Brooklyn ruled the bylaw conflicts with state election law and is invalid. That case was Conroy v State Committee of Independence Party, Kings County 700012-07, issued March 12, 2007.

Then, the state officers passed a new Bylaw on June 10, 2007. It says that in cities of more than 1,000,000 population, the State Committee, not the county committees, has the power to designate candidates. This means the state officers, not the local officers, may decide whether to let candidates who are not members of the party seek the nomination of the Independence Party. But the rule only applies to New York city, not the remainder of the state. The Fulani forces filed a new lawsuit on June 10, arguing that the new Bylaw is also contrary to the election code, and also to the State Constitution, since the Bylaw doesn’t apply statewide, but merely to New York city. The new lawsuit is also called Conroy v State Committee of the Independence Party, no. 700025-07, Kings Co.