U.S. District Court Orders New York to Proceed With Presidential Primary

On May 5, U.S. District Court Judge Analisa Torres, an Obama appointee, ordered the New York State Board of Elections to proceed with the Democratic presidential primary.  Yang v Kellner, s.d., 1:20cv-3325.  The lawsuit had been filed by Andrew Yang, some of his candidates for delegate to the Democratic National Convention, and some voters who want to vote for him, even though he has suspended his campaign.

The decision points out that delegates have other duties than just choosing a presidential nominee.  They help write the party platform and can and do interact with the presumptive presidential nominee to influence him or her on the coming campaign.  See page 21 of the decision.

New York’s government said it cancelled the primary because of the health crisis.  The decision says that reason is not convincing, because in most counties, there was going to be a primary (for office other than president) on the same day, June 23, anyway.  Thanks to Political Wire for this news.


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