Federal judge reinstates New York
Democratic presidential primary
by
Bernadette Hogan
&
Vincent Barone
Original Article
Posted By: Imright,
5/6/2020 5:28:01 AM
A federal court judge has ordered New York Democrats to reinstate the presidential primary election for June 23 after one-time candidate Andrew Yang challenged its cancellation.Judge Analisa Torres in her decision Tuesday ruled that the New York Board of Elections’ decision to cancel the vote was unconstitutional and that all qualified candidates as of April 26 must be on the ballot.“[T]he removal of presidential contenders from the primary ballot not only deprived those candidates of the chance to garner votes for the Democratic Party’s nomination,” Torres wrote in her opinion.
Reply 1 - Posted by:
The Other Guy 5/6/2020 6:08:46 AM (No. 402244)
Someone more knowledgeable than me educate me. I thought that states, and political parties for that matter, determined how candidates were chosen. Shouldn't this be resolved by a New York State court?
7 people like this.
Reply 2 - Posted by:
F15 Gork 5/6/2020 6:41:11 AM (No. 402264)
Hey, they were just trying to keep down Creepy joes delegate count so he couldn’t win on first ballot. Nothing to see here....
15 people like this.
Reply 3 - Posted by:
Jethro bo 5/6/2020 6:59:04 AM (No. 402272)
I'm confused. Does this mean for once Democrats have to actually follow the law?
26 people like this.
Reply 4 - Posted by:
lakerman1 5/6/2020 7:10:10 AM (No. 402278)
fascinating ruling.
the U.S. Constitution is silent on language about political parties and on primary elections. in fact, President Washington, in his farewell address, warned the country about 'factions' (political parties) because they were harmful.
And there were n o primary elections until about 1908, Wisconsin holding the first one.
And the constitution still remains silent of the issue of political parties..
I would have expected the case to be heard in State court, rather than federal court.
#1, you have the right to be confused, because the federal judge is.
18 people like this.
Reply 5 - Posted by:
Gruntmedic 5/6/2020 7:37:37 AM (No. 402302)
I think on Federal Election stuff they can't stop it.
For state only elections they can
5 people like this.
Reply 6 - Posted by:
govlawyer 5/6/2020 7:38:59 AM (No. 402306)
#4--2020 is a federal election year, so the US District Court is the place to go for some electoral challenges to a federal office, just as the rules of the House and Senate govern aspects of campaigns to the respective houses of legislature. The date of a primary is set by the State but this "cancellation" of a federal primary was not within the State's right, and Bernie is still in the race legally.
I'll bet he's thrilled.
9 people like this.
#6, please tell me where in the Constitution it says anything about primaries?
I was not going to read the article, but it occurred to me that perhaps the judge cited one of the Amendments regarding voting rights. So, I did read it. It appears that the judge did not cite the Constitution, or anything mentioned in the Constitution. The Constitution does not have anything to say about a right to garner votes for a Party's nomination, or to influence that Party's platform. The two reasons given by the judge.
2 people like this.
Reply 8 - Posted by:
bubby 5/6/2020 8:08:34 AM (No. 402338)
Well Judge Analisa Torres was appointed by obama in 2012 so she's doing the bidding of the deep state whatever the law says is moot!
6 people like this.
Reply 9 - Posted by:
HotRod 5/6/2020 8:26:10 AM (No. 402360)
#7: There are plenty of laws not in the Constitution. The Constitution is not the repository of all laws. The Constitution was/is not intended to be such a document.
When a law violates the rights outlined in the Constitution, it can be litigated. New York is free to litigate this issue. Good luck on that!
3 people like this.
Reply 10 - Posted by:
Ida Lou Pino 5/6/2020 8:35:19 AM (No. 402371)
FTA: “And it is also a warning to President Trump not to mess around with our right to vote him out in November” - - Utterly gratuitous comment from deranged leftist lawyer.
Yeah! Yeah! Trump had better accept the results of the election - - or else - - or else - - ummm - - or else he'll look as idiotic as The Beast. Ooops!
6 people like this.
If someone held a mask to my head and made me pick where this is covered in the USC, I would pick Article III section 2: "The judicial Power shall extend to all Cases, ...-between a State and Citizens of another State;". Andrew Yang is saying that the state of NY is harming him in an activity with Federal implications. But it could even be without federal implications. If the State of NY was preventing the national chess club from allowing you to participate at an event in NY State, and preventing access to the prize money, I think it could still be a federal issue, no?
3 people like this.
Reply 12 - Posted by:
Lawsy0 5/6/2020 8:44:54 AM (No. 402386)
ROFLMAO.
2 people like this.
Reply 13 - Posted by:
Kafka2 5/6/2020 9:08:49 AM (No. 402429)
It is ironic that the Democrats accused the Republicans of planning to delay an election. Yet the Democrats were the ones that actually cancelled an election. And, were found guilty of violating the Constitution by doing so.
I guess cancelling the presidential primary election is the way Democrats practice Democracy.
7 people like this.
Reply 14 - Posted by:
AmericaYes 5/6/2020 9:26:56 AM (No. 402460)
Cancelling the primary was also about denying Bernie delegates. The more he has, the more he can push the party platform to the left. The Democrat establishment agree with his far left radical transformation of America, but they don't want it in writing.
Slow, stealthy, and never letting a crisis go to waste is the establishment style.
9 people like this.
Reply 15 - Posted by:
Kafka2 5/6/2020 9:56:59 AM (No. 402512)
YES, it is in the U.S Constitution -- in a way, At the time, a poll tax was the only way the right of citizens to vote was denied or abridged. The states are responsible for conducting elections, But, the federal government had a say about citizens rights to participate.
Amendment XXIV (Amendment 24 - Abolition of the Poll Tax Qualification in Federal Elections)
1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
2 people like this.
Reply 16 - Posted by:
judy 5/6/2020 10:18:00 AM (No. 402549)
Let's see how Clyburn handles this???
1 person likes this.
Reply 17 - Posted by:
MDConservative 5/6/2020 10:56:13 AM (No. 402603)
Nominating candidates is the business of political parties, not the government. These elections should be eliminated for partisan races. Let the scions meet in their salons and choose their candidates. They do it today under various guises, like "super delegates". Why waste public money for the charade? The parties may arrange their own polling, maybe using mail-ins.
1 person likes this.
Reply 18 - Posted by:
NYbob 5/6/2020 2:19:51 PM (No. 402831)
As a Werewolf in a deep cell in NY, I now have a quandary. Do I vote for Bernie to send a message to the DNC or do I vote for Biden to prop up the senile fool? Maybe the workers party candidate. Doesn't really matter, but I am happy that the rats of the NY rat party will have to spend some more money to send me mailings ordering me who to vote for. I figure that's at least a couple of bucks they can't spend against the best President in a long, long, time.
2 people like this.
Reply 19 - Posted by:
msjena 5/6/2020 2:31:19 PM (No. 402851)
Voting is a U.S. Constitutional right, so Federal courts have jurisdiction.
1 person likes this.
Reply 20 - Posted by:
Red Ghost 5/6/2020 3:58:07 PM (No. 402929)
How laughable that it's the Demonrat party and Benito Cuomo who cancelled the June 23 primary, and some Libtard counsel, Arthur Schwartz warns Trump about cancelling the November election? The New York State Board of Elections while legally a bi-partisan run agency, meaning there is one Democrat and one Republican for every staff member including in the copy room, is pretty much run by Democrats. The Republican party hasn't been a factor in NYS in many years. So the courts and administrative agencies are all stacked with Democrats.
These Democrat clowns are so crazed that anything bad that happens to them is blamed on Trump even when it's done to them by an Obama appointee.
2 people like this.
Reply 21 - Posted by:
Trigger2 5/7/2020 1:10:12 AM (No. 403378)
Saint Cuomo thinks he's a God. He'll go against the constitution, federal, and state law and proclaim the primary will be conducted by mail. Special paper will be on the ballot that unexpectedly erases all votes and preselects who Cuomo wants to lead his corrupt party. Maybe even himself.
0 people like this.
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