On September 7, the 2nd circuit refused to expedite Tom Ognibene’s ballot access case in New York. This is the case that challenges the requirement that candidates for citywide office need 7,500 signatures, to be collected in 37 days. Ognibene, a Republican, would have needed this many registered Republicans to sign, even though there are only 440,000 registered Republicans in New York city. Ulrich v Mane, 05-4560.

The decision not to expedite the case means that the case will be settled after the primary election is over. This should give the judges a better chance to make a reasoned, calm decision, without the pressure of an election looming.

The New York law at issue, as applied to Republicans, is so strict, that the Republican Party has been left with no nominee for two of the three New York city citywide offices this year.