On May 5, Acting Supreme Court Judge Patrick F. McAllister, a Republican, decline to extend the petition deadline for statewide independent candidates, even though the statewide petitions require at least 500 signatures from each of half the U.S. House districts, and the boundaries of those districts won’t exist until May 20 at the earliest. The petition deadline is May 31.
The order is styled as an “Advisory Opinion” and it does not appear that anyone in the case set out a legal argument in favor of extending the deadline. The case deals with the constitutionality of the recent redistricting for U.S. House and state legislature. None of the plaintiffs have any expressed interest in the problems of independent candidates and the nominees of unqualified parties. The opinion was issued as a document in Harkenrider v Hochul, Steuben County Supreme Court, E2022-0116cv. Apparently the State Board of Elections asked for this action. Thanks to Joe Burns for this news.
It is likely that one or several 2022 petitioning groups will soon seek to intervene in the case.
If they are not going to extend the deadline they should at least lower the signature requirement.