Second Circuit Hears Oral Argument in New York Lawsuit Over New Definition of “Political Party”

On Tuesday, December 15, the Second Circuit heard oral argument in SAM Party v Cuomo, 20-3047.  The three judges on the case are Robert D. Stack (Clinton appointee), Michael H. Park (Trump appointee), and Steven J. Menashi (Trump appointee).

The hearing lasted 30 minutes.  Anyone can hear the argument at this link.  Choose “archive of audio oral arguments”.  The SAM argument is the only case argued on December 15, so it is easy to find the link if one knows that date.

The state made several arguments that are factually incorrect.  The attorney for the state said that Maryland is a state that requires a party to poll a certain share of the vote for president in order to retain its party status.  This is not correct.  In Maryland, a party with a certain registration remains permanently on the ballot, whether it runs for president or not.  Furthermore, Maryland has a party petition, and if it is circulated in a presidential year, the party then enjoys qualified status for the next two elections; therefore it need not run for president in order to remain on the ballot.

The attorney for the state also said that a state has an interest in testing the viability of a party every two years, and because there is sometimes no U.S. Senate election in New York (as was the case in 2020), the state must use the vote for president to determine whether a party should remain on the ballot.  He said, “It’s the only test available.”  In reality, a state can use a registration test, or test of whether the party continues to be organized, or a test of how many nominees for all office a party chooses to run.


Comments

Second Circuit Hears Oral Argument in New York Lawsuit Over New Definition of “Political Party” — 10 Comments

  1. Out of curiosity, is there precedent in the Second Circuit that might be relevant to this case?

  2. There are no precedents in the Second Circuit over the definition of a qualified party. The Second Circuit only has three states, New York, Connecticut, and Vermont.

  3. The government lawyer had a very annoying voice.

    While Washington uses the presidential race for party qualification, that qualification only applies to the presidency.

    New York should get rid of party lines and con-fusion and segregated partisan primaries.

  4. Calling All Men
    By James Ogle [One]
    12/29/2020

    Men, the Libertarian Party communist one-party voting system, needs to be improved.

    The Bottom Unity group sees unity between Socialists and Libertarians and they are influencing the Fakertarians but more needs to be done fast.

    This Fakertarian boss poll as an example, the poll has an insider network who controls the results, a communist party method.

    https://www.facebook.com/groups/382038248896989/?ref=share

    Look at the numbers; I counted 165 votes cast under approval voting system.

    Simple majority = 83? No.

    You would think a simple majority is around 83 votes. But since approval voting is used, many voters can cast multiple votes, and to see who cast how many votes isn’t practical.

    We can’t even determine which items attained a simple majority (50% plus one vote) under approval voting.

    This is typical of Libertarian Party voting. The LNC uses one-party voting systems, it’s a communist party method, and this will be changed when the new United Coalition USA elects two names (of three) who favor the four-Caucus system for Los Angeles County L.P. Judicial Committee.

    Join the new One Party where every name gets elected when one vote breaks the tie and where every election is a tie until broken by one vote.

    One vote is powerful.

  5. We don’t need socialist or libertarian parties, only Republicans, and they need to be solidly for TRUMP.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.