New York is holding a special election for Assembly, 43rd district, on May 5. The Democratic nominee is not on the ballot because the local party committee failed to file the certificate of nomination for him by the deadline. On April 27, the candidate, Guillermo Philpotts, filed a federal lawsuit to get on the ballot. Philpotts v Board of Elections in the City of New York, e.d., 15-cv-2366. However, on April 28, he lost the case.
The judge, Jack B. Weinstein, wrote, “Never having been nominated, plaintiff is not entitled to appear on the ballot. His Complaint is dismissed.” Philpotts had argued that the Board of Elections had a duty to notify him as soon as it was known that the party had missed the deadline, so that the error could be corrected. The decision does not actually address that argument.
Because no Democrat is on the ballot, and because the Republican Party is very weak in that Brooklyn district, it is expected that the winner will be either the Working Families Party nominee, or the Independence Party nominee.