Second Circuit Says Lawsuit Against New York’s May Petition Deadline for Independent Candidates is Moot, and Erases It as a Precedent

Posted on by July 27, 2024

On July 26, the Second Circuit issued a summary order in Meadors v Erie County Board of Elections, 23-1054.  This is the case filed in 2021 against the May petition deadline for independent candidates.  The U.S. District Court had enjoined the deadline and had ordered Buffalo Mayor Byron Brown (who was running for re-election) put on the November 2021 ballot as an independent candidate.  But then, nine days later, the Second Circuit had issued a one-sentence order, cancelling the injunctive relief, so the Mayor, Byron Brown, had to run and win as a write-in candidate in November.  The one sentence reversal did not cite any reason to reverse the relief.

After the election, a U.S. District magistrate said the May deadline is constitutional, at least as applied to non-presidential candidates.  That was appealed to the Second Circuit, which now says the case is moot because the voters who filed the case have not shown that a future election will affect them.  The July 26, 2024 order will not be published, and is not signed, and is only six pages long.  It wipes out the U.S. District Court decision that said the deadline is constitutional.  It says, “We express no view on the merits of the plaintiffs’ challenge to New York’s independent nominating petition filing deadline.”

The Second Circuit is wrong to say the case is moot.  In 1969, the U.S. Supreme Court said ballot access constitutional cases are not moot just because the election is over.  That is true whether the plaintiffs intend to run in a future election or not.  The 1969 case was Moore v Ogilvie.  That was an Illinois case, settled after the 1968 election was over, in which the plaintiffs were independent anti-war candidates for presidential elector.  They failed to get on the ballot because they didn’t comply with the old Illinois distribution requirement, which required 200 signatures from each of 50 counties.  Moore v Ogilvie didn’t discuss whether the candidates expected to run in a future election.  But in 1973, the U.S. Supreme Court issued another decision, Richardson v Ramirez, 418 US 24, which discussed Moore v Ogilvie and mootness.  Justice Rehnquist, writing for the court in Richardson v Ramirez, said on page 35 that in Moore v Ogilvie, “the particular candidacy was not apt to be revived in a future election”.  Nevertheless, the Moore lawsuit was not moot.

The Second Circuit did not mention any U.S. Supreme Court ballot access opinion in its order.  The U.S. Supreme Court has issued  eleven ballot access full decisions after the election was over:  Moore v Ogilvie, Jenness v Fortson, American Party of Texas v White, Storer v Brown, Lubin v Panish, Communist Party of Indiana v Whitcomb, Mandel v Bradley, Munro v Socialist Workers Party, Illinois State Board of Elections v Socialist Workers Party, Anderson v Celebrezze, and Norman v Reed.  In none of them did the Court even discuss whether the plaintiff was likely to run in a future election or not.

The oddest aspect to the Second Circuit’s order is that at the oral argument, both sides agreed that the case is not moot, and yet the court disagreed with both sides and said it is moot.  The three judges were Reena Raggi, a Bush Jr. appointee; Denny Chin, an Obama appointee; and Steve Menashi, a Trump appointee.

Comments

Second Circuit Says Lawsuit Against New York’s May Petition Deadline for Independent Candidates is Moot, and Erases It as a Precedent — 36 Comments

  1. 3 PARTY HACKS AT WORK

    HOW MANY OF 2 CIR HACKS GET ON SCOTUS ???
    —
    THUS MUST SAY IN COMPLAINT —

    1. WILL BE A CANDIDATE AND/OR VOTING IN FUTURE ELECTIONS

    2. DEMAND $$$ DAMAGES

    3. DEMAND INJUNCTIONS

  3. It looks like the court is evading the issue.

    But, can they?

    Given that neither side considers the case moot, how likely is an appeal to the Supreme Court?

  6. Trump’s speech is not “fake news”. CBS radio news broadcast the recording at the top of its hourly news report.

  7. “Trump tells Christian voters they ‘won’t have to vote anymore’ if he’s elected”

    Just what did he mean by that?

  9. I’m sure retard AZ took it out of context. That’s what retards do.

  10. Trump is the Second Coming of Jesus. Christians will no longer have to vote because He will sit on a toilet of pure 24k gold in Mar a Lago and rule the world. First, He will be inaugurated as President. Then, crowned Emperor. Then, conquer all the other nations. And finally, rule the new global Kingdom of Heaven forever.

  11. “the voters who filed the case have not shown that a future election will affect them”
    Presumably they will continue being voters in future elections. Although I wouldn’t fault them for mounting an escape from New York, especially after this.

    “The one sentence reversal did not cite any reason to reverse the relief. […] The July 26, 2024 order will not be published, and is not signed”
    Almost as if they pulled their decision out from where the sun never shines, don’t want it to get too much attention and don’t want to be associated with it too obviously.

  12. I think that’s one of the very few areas of agreement I have with Trump. If he’s elected, Christians won’t have to vote because he’ll create a theocracy dictatorship. And if my crush, childless cat lady Selina Harris is elected, they won’t be allowed to vote because they will be in concentration camps or killed en masse. Either way, I think we can all agree that by 2028, Christians will no longer be voting.

  16. AZ is a retard is a retard, and stock is a troll is a troll. In other news that won’t surprise anyone who is not a retard and or a troll, they are the same person, a retard who trolls under multiple names and is behind 90%+ of the comments about AZ and Stock here. Unlike this retarded troll, AZ and Robert K Stock are not retards or trolls and don’t post under multiple names.

  17. according to the article:

    He added that if elected, Christian-related concerns will be “fixed” so much so that they would no longer need to be politically engaged.

    “You won’t have to do it anymore. Four more years, you know what? It’ll be fixed, it’ll be fine. You won’t have to vote anymore, my beautiful Christians,” he said.

    Will Mexico pay for this?

  18. obert K Stock? AZ is a retard is a retard, and stock is a troll is a troll is actually Stock on said:

    Stock needs a hobby.

  19. “AZ is a retard,” “Stock is a troll,” “the real question,” etc are all Stock. He just wants attention.

  21. No, you need a hobby, retarded troll. Just go away. There is no upside to your presence, whether in these comments or on this planet among the living. Do everyone a favor and disappear.

  22. “He added that if elected, Christian-related concerns will be “fixed” so much so that they would no longer need to be politically engaged.”

    That can only happen when Jesus returns. Therefore, Trump just admitted that He is Jesus! AMEN AND HALLELUJAH, OUR LORD HAS RETURNED!

  23. Stock gave up on Taran and Dylan, so he’s come up with other names to spout his retarded bullshit. Stock needs to stop trolling.

  24. How would you know that Stock trolls under other names if you weren’t Stock? You just outed yourself, retard.

  25. Stock is a Satanist. Satanists hate Jesus. Trump is Jesus. Stock hates Trump because Trump is Jesus. Stock is trolling to deflect attention from the big news that Trump just admitted to being Jesus. Stock can’t let Jesus Trump have the spotlight, so he’s trying to steal the attention by trolling himself.

  26. Trump is not Jesus. But he is clearly anointed by Jesus to make America great again and help pave the way for Jesus to come again.

  27. Christians voting for Trump is proof that Christians are not mentally competent to vote. Therefore, when Border Tsarina Harris becomes POTUS, they will no longer be allowed to vote.

    If Trump were to win, which he won’t, he’d also take away their right to vote because they voted for him. Trump doesn’t have any respect for his supporters. But then again, he doesn’t have any respect for those who don’t support him either, so he would take away their right to vote too.

    My crush, childless cat lady Selina Harris, is going to win. Christians will have their voting rights stripped, among many other great achievements of the first Gyno-American POTUS. But even if Trump won, they would no longer be allowed to vote. So, they should realize this is their last opportunity to vote, if they want to vote one last time while it’s still legal for them to do that.

  30. No way. He’s a Brain Worm Bobby supporter. I’d feed him and all the other Brain Worm Bobby supporters, and brain worm bobby himself, to the worms for having the temerity to oppose my crush, childless cat lady Border Tsarina Selina Harris. If anyone here is Stock, it’s you, not me. Go to hell, you lousy brain worm Bobby supporter! And take Brain Worm Bobby and all his supporters with you!

  31. I don’t really care whether Trump is the second coming of Jesus. Who cares? The really important news is that Border Tsarina Harris is running for POTUS! That’s way more exciting and important news than how many times or where some Venezuelan newcomer orgasms.

    Childless cat lady Border Tsarina Harris is bringing in more Jesuses than you could possibly count. They’re coming by the trainloads. Don’t try to bury the lead with your trivial Jesus fixation!

  32. The last time this Jesus guy came, his people got kicked out of their country. Just saying, why would we want him to come here?

  33. It has nothing to do with what you want or don’t want. With border Tsarina Harris in charge, a whole bunch of Jesuses are coming. So are a bunch of Mohammeds.

    They’re going to come, repeatedly, all over this country, until you won’t be able to recognize it anymore. So, since it’s inevitable, just sit back, lay back, or assume whatever position, and try to enjoy it if you can. It’s going to happen whether you like it or not.

  36. Amen and hallelujah! Trump is bitcoin Jesus!

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