On September 17, the Second Circuit expedited SAM Party v Kosinski, 20-3047. This is the case in which the SAM Party, which is ballot-qualified in New York, asks for injunctive relief against the state’s new definition of a political party. The briefs will be in by late November, and the oral argument will be scheduled soon after that. The SAM Party knows that it will lose its qualified party status in November 2020, because the new law requires parties to perform well in the presidential election, and the SAM Party has no presidential nominee.
The new definition was created on April 3, 2020. It requires a party to poll the greater of 130,000 votes, or 2% of the total presidential vote.
14-1 Amdt EQUAL ballot access test(s) for ALL INDIVIDUAL candidates.
Much too difficult for brain dead lawyers and judges ???
PR and AppV – pending Condorcet to make ALL votes count.
TOTSOP
The new law is unconstitutional because the legislature cannot give away its legislative power, which it purports to do here.
Tim-
The old law gave unconstitutional power to olde Commission.
The new law was response to court action ending olde Commission power.
Minority rule gerrymander systems in USA and ALL States continue.
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PR and AppV
TOTSOP
The election law changes were included in the budget bill, so the legislature did pass them.