New York Legislature Passes Bill Moving Independent Candidate Petition Deadline from August to May

On January 14, the New York legislature passed AB 779. It combines the congressional primary with the primary for state and local office. The new primary date will be the Fourth Tuesday in June, which in 2020 will be June 25.

Unfortunately, the bill moves the petition deadline for independent candidates, and the nominees of unqualified parties, for all office, from August to late May. The formula for the new deadline is 23 weeks before the general election. In 2020 that will be May 26.

This deadline is unconstitutional. June has been ruled too early in these cases: the Ninth Circuit invalidated Arizona’s June deadline for independent candidates in Nader v Brewer, 531 F.3d 1928 (2008). A U.S. District Court in South Dakota invalidated a June petition deadline in Nader v Hazeltine, 110 F.Supp.2d 1201 (2000). A U.S. District Court in Kansas struck down a June petition deadline in Merritt v Graves, not reported (actually Kansas conceded the deadline was too early and signed a consent decree). A U.S. District Court in Nevada enjoined a June deadline in 1992 in Fulani v Lau. The Tenth Circuit said in Populist Party v Herschler, 746 F.2d 656, that June was probably too early for a petition for a new party. The Ninth Circuit enjoined Idaho’s June deadline for a new party petition in Populist Party v Evans, unreported, in 1984.

May has been ruled too early in Massachusetts in Serrette v Connolly, state court, in 1984. May was also struck down in Pennsylvania in 1984 in Libertarian Party v Davis, not reported (actually the state conceded it was too early and signed a consent decree).

In the Assembly, the bill passed 120-24.


Comments

New York Legislature Passes Bill Moving Independent Candidate Petition Deadline from August to May — 3 Comments

  1. One more UNEQUAL machination.

    Courts are 100 percent brain dead due to SCOTUS super-morons.

    Each election is NEW.

    EQUAL ballot access tests for ALL individual candidates for the same office in the same election area.

  2. The party bosses are doing more damage to democracy and they should look in the mirror at their own actions with regard to the past twenty-three years. For example, when the Environmentalist Party joined Clint Eastwood and Ronald Reagan’s campaign manager Sue Hutchinson and her tea parties, we ran candidates (including myself in 1986, 1992 and 1993) and in 1994 the founder agreed to collaborate more with the Green Party by pure proportional representation.

    The Green Party bosses use the scorched earth against the Env Party ever since and now they are even harder at work fighting the United Coalition USA.

    Here is the latest facebook Green Party group to delete my account and I am trying to access the ballot in 2020 as a Green POTUS candidate:

    https://www.facebook.com/groups/GreenPartyActivists/

    I have only just begun promoting the plan for the “Three-Party System” in 2020 on my campaign page, but since I am deleted from that chat, the communication with outsider concepts such as unity are already being snuffed out just like the bosses have done since 1997 when Google derived from my name:

    http://usparliament.org/how-google-got-its-name.php

    Should anyone have time to join that facebook page, to be a diplomat with our team, please be sure to contact me and I will try to collaborate too. We want to unite the 100% and not like Stein [Green] and Johnson [Libertarian] of 2012 and 2016, we’re getting things done for all Americans in an unbiased mathematical manner based on paper ballots cast as proof on Earth Day 2020 in Monterey California.

    Respectfully,
    –James Ogle [One]

    See the political cartoons I drew about the “Three Party System” on my campaign page here:

    http://www.usparliament.org/google2020.php

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