Second Circuit Cancels New Primary for Republican Party in New York U.S. House Race, 3rd District

On Wednesday, September 14, the Second Circuit reversed a U.S. District Court and said New York is not required to hold a new Republican primary for U.S. House in the 3rd district. Pidot v New York State Board of Elections, 16-3028. The decision was delivered from the bench, and there is still no written opinion filed.

The three judges on the Second Circuit are Dennis Jacobs (a Bush Sr. appointee), Barrington D. Parker (a Bush Jr. appointee), and Debra A. Livingston (Bush Jr.). The U.S. District Court had ordered the new primary because one of the two Republicans who submitted enough valid signatures to be on the primary ballot was omitted from the ballot. The omission was because the state believed one of the candidates, Philip Pidot, did not have enough valid signatres. When Pidot proved he did have enough valid signatures, the State Board of Elections and the state courts said this discovery came too late to do anything about it.

The Second Circuit ruled orally that federal courts should not have intervened in this case, because Pidot had already lost in state court.

Feature News Story on Rick Hasen

Rick Hasen’s Election Law Blog is the best place to get breaking news about developments in election law, particularly concerning campaign finance, and also news on the fight against procedures that make it more difficult for individuals to register to vote or to actually cast a vote. Many blog posts at Ballot Access News end with “Thanks to Rick Hasen for this news”.

Here is a feature news story about Rick Hasen, carried in the Daily Gazette of Swarthmore College. Thanks to the Center for Competitive Politics for the link.