Last month, the Conservative and Working Families Party of New York state filed a federal lawsuit, challenging the state’s policy on counting ballots when a voter casts two votes for a single office, and both votes are for the same candidate. The state says it will count such ballots as votes for the party with the higher position on the ballot. For example, if a candidate is the nominee of the Republican Party and the Conservative Party, and a voter votes for that candidate under both party lines, only the Republican vote would count.
The lawsuit does not say what the state should do in that situation, but it argues that the state’s policy is discriminatory and unconstitutional.
On September 29, the Independence Party of New York city filed an amicus curiae brief on the side of the Conservative and Working Families Party. The state officers of the Independence Party seem not to have taken a position on the lawsuit. The officers of the Independence Party of New York city and the officers of the statewide Independence Party are somewhat hostile to each other.