Bills in Both Houses of the New York Legislature to Ban a Party from Having “Independent” or “Independence” in its Name

Bills have been introduced in both houses of the New York legislature to make it illegal for a qualified party to have the words “independent” or “independence” in its name. In the Assembly, the bill is sponsored by Assemblymember Jeffrey Dinowitz (D-Bronx) and is AB 2600. In the Senate, it is sponsored by Senators James Skoufis and Allesandra Biaggi and is SB 1628. The bill, if enacted, would probably violate the First Amendment.

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.