New York Governor Signs Bill Moving Independent Petition Deadline from August to May

On January 24, New York Governor Andrew Cuomo signed AB 779, which moves the petition deadline for independent candidates, and the nominees of unqualified parties, from August to May. The bill also moves the primary for state and local office from September to June.

The new deadline is almost certainly unconstitutional, under the U.S. Supreme Court decision Anderson v Celebrezze. New York now has the nation’s third earliest deadline, when the latest method for getting on the general election ballot for president is compared. The only two earlier states are North Carolina and Texas. A lawsuit is pending against the North Carolina deadline, and a case challenging the Texas deadline is likely to be filed any day now.