The Democratic presidential primaries of NY they must take place on June 23, because canceling them would be unconstitutional, a federal judge ruled Tuesday.
Federal judge Analisa Torres The Manhattan court issued the ruling after hearing the arguments the day before, as attorneys for retired presidential candidates Bernie Sanders and Andrew Yang alleged it was wrong to cancel the process.
Torres said there is enough time to figure out how to safely carry out the process.
“If all but one of the presidential candidates are removed from the ballot and the primaries are not held, the delegate plaintiffs will be deprived of the opportunity to compete for delegate positions and shape convention events, and the electorate it will lose the opportunity to express its support to the delegates who share their points of view, ”wrote the judge. “Losing these first amendment rights is a serious problem,” he noted.
“There is also a strong public interest in allowing the presidential primaries to proceed with the full list of eligible candidates,” he added.
Democratic members of the state Board of Elections voted to cancel the primaries, even as New York continued to plan to hold its state and parliamentary primaries on June 23.
They cited voter danger from the coronavirus as a reason to cancel the primaries as former Vice President Joe Biden has garnered the backing of the leading candidates he has faced.
New York State Democratic Party President Jay Jacobs said “we are reviewing it.”
Jacobs had pointed out that it was “unnecessary” to hold the primaries with the suspension of the Sanders campaign and said that lower participation could reduce the need for so many poll workers.
Lawyers who filed their allegations with Torres on Monday did not immediately respond to calls seeking comment.