On May 12, the New York Supreme Court, Niagara County, invalidated the hostile ballot access changes made by the Public Campaign Finance Commission late last year. Hurley v Public Campaign Finance & Election Commission, E169547/2019. The order says, “The line between administrative rule-making (which can be delegated) and legislative action (which cannot be delegated) has clearly been transgessed. Here is the eleven-page order.
Last year, the legislature gave the Commission the authority to re-write the definition of a qualified political party. The Commission then raised the vote test for party recognition from 50,000 votes for Governor, to the greater of 130,000 votes for president and governor, or 2% of the total vote cast for that office. The commission also raised the number of signatures for a statewide independent, and the nominee of an unqualified party, from 15,000 signatures, to 45,000 signatures, even though the commission was never even asked to consider the petition requirement.
The lawsuit was filed by the Working Families Party. An identical case, filed by the Conservative Party and called Jastrzemski v Commission, was merged into the Working Families Case. Thanks to Bill Redpath and Jim Riley for this news.