New York State Court Rules that Challenges to Women’s Equality Party Nominees Must be Made on a Case-by-Case Basis

On September 25, a New York State Court, Appellate Division, reversed the September 14 decision in the Women’s Equality Party lawsuit, DeLabio v Allen. The September 14 decision had invalidated all Women’s Equality Party nominations. The new decision says that the lower court decision is flawed. If court action is to be taken to remove a Women’s Equality Party nominee from the November 3, 2015 ballot, there must be a separate lawsuit for each challenged candidate.

This, of course, will burden the New York state courts, because already there are hundreds of Women’s Equality Party nominees on the ballot, and this ruling will cause a vast multiplication of lawsuits. Here is the new ruling.

The basis for the challenge to Women’s Equality Party nominees is that the party has no valid state officers, because the law requires a majority of a new party’s nominees to appoint interim officers for the party. In November 2014 the party had four statewide nominees but only two of them signed the paperwork appointing party officers. Two is not a majority.


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New York State Court Rules that Challenges to Women’s Equality Party Nominees Must be Made on a Case-by-Case Basis — 1 Comment

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