U.S. District Court Judge Kristine G. Baker has ordered both sides to discuss how to proceed by May 4, in the case filed by independent candidates for petition relief. Whitfield v Thurston, e.d., 4:20cv-466. The plaintiffs are independent candidates. Their petitions were due May 1. They had made significant petitioning progress before the health crisis, but could not complete their petitions. The lead plaintiff is running for U.s. Senate and he needed 10,000 signatures.
On April 30, a Montana state trial court rejected a lawsuit designed to get petitioning relief for a statewide initiative. See this story. The case is New Approach Montana v State, BDV-2020-444. The proponents may appeal.
On May 1, a New York state trial court dismissed a lawsuit against the Brooklyn (Kings County) Democratic Party. The party rules specify that all candidates for County Committe must file as “male” or “female”. See this story. Other county units of the Democratic Party in New York state don’t have such rules.
On May 1, New York Governor Andrew Cuomo issued new emergency regulations and rules for various election procedures. But the May 1 order does not set a new petitioning period for independent candidate petitions, or petitions for the nominees of unqualified parties. The May 1 order says at the bottom that a future order will set the petitioning period.
On May 1, Andrew Yang filed a second amended complaint, which now lists as defendants the various officers and members of the New York State Board of Elections. This concerns his lawsuit against the state for cancelling the Democratic presidential primary. The case is now called Yang v Kellner, s.d., 1:20cv-3325. The original complaint was legally flawed because it only listed the State Board of Elections as the Defendant, instead of naming particular individuals who are part of the State Board.
The Defendants’ deadline for an answer is May 22, but it is likely Yang will move to expedite the case.
