Currently New York expects to hold primaries on June 28 for statewide office, assembly, and local office; and another primary on August 23 for U.S. House and State Senate. New York election officials consider candidate filing for the primaries for statewide office, assembly and local office to be closed. New York election officials also expect statewide independent candidates, and the nominees of unqualified parties, to file 45,000 signatures by May 31.

On May 18, the New York State League of Women Voters filed a federal lawsuit, LWV of NY State v Kosinski, s.d., 1:22cv-4084. The League, and two voters, argue that any candidates already qualified for the primary, for statewide office, needed 100 signatures from each of half the U.S. House districts, but all such primary petitions, having already been circulated and submitted, cannot possibly be in compliance with the law. That is because such petitions would have used the old U.S. House districts that were invalidated earlier this month by New York’s highest state court.

Therefore, the Complaint argues, it is necessary to re-open the primary petitioning for statewide office, so that the petitions can be circulated using the new districts, which will formally be made public on May 20. Therefore, the Complaint further argues, it is necessary to postpone the primary for statewide office from June 28 to August 23, the date of the U.S. House and State Senate primaries.

The Complaint points out the obvious inconsistency in the state’s position…New York primary statewide petitions can use the old, invalid districts to satisfy the distribution requirement; but the state expects the independent petitions to use the new districts, which is extremely burdensome, since that allows only eleven days between the creation of the new districts, and the independent candidate petition deadline.

The voters in this new lawsuit say they want the primary filing opened so that new candidates can run in the primaries for Governor. Although no plaintiff is an independent candidate, or a supporter of an independent candidate, this lawsuit is very helpful to independent candidates. The Complaint says the independent petitions should be due on June 20, not May 31. Thanks to Thomas Jones for the news about the lawsuit.