ALBANY – The New York State Board of Elections will appeal a federal judge’s ruling that New York must host its Democratic presidential primary as previously scheduled on June 23.
According to the Albany Times-Union, the board of elections co-chair Doug Kellner said they are very disappointed that the judge had placed an uncontested contest for president above the health and safety of the voting public and the poll workers who would have to administer that election.
The board’s Democratic commissioners had called off the primary late last month after removing all candidates from the ballot except former Vice President Joe Biden. They cited the suspension of all other presidential campaigns, as well as safety concerns related to the coronavirus pandemic, saying that canceling the contest would significantly reduce large crowds at the polls.
But a federal judge in Manhattan ruled late Tuesday that New York must hold the primary on June 23, contending that canceling it would be unconstitutional and take away the ability of the candidates to receive delegates for the party’s convention in August.
The decision came after a lawsuit was brought forward on behalf of former presidential candidates Bernie Sanders and Andrew Yang, who argued that it was illegal for New York to cancel the primary.
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