NEW YORK — The election must go on.
A federal judge on Tuesday reinstated New York’s Democratic presidential primary, ruling that the state’s decision to cancel the contest amid the coronavirus pandemic unconstitutionally “deprived” millions of residents of “the right to vote.”
The stunning decision by Manhattan Federal Court Judge Analisa Torres puts the primary back on for June 23.
Andrew Yang, who dropped out of the Democratic presidential race in February, filed the lawsuit that prompted Torres’ decision.
In the suit, Yang argued that even though Joe Biden is already the party’s presumptive presidential nominee, the state Board of Elections’ primary cancellation sets a dangerous precedent and precludes Bernie Sanders and other since-dropped out candidates from the ability to collect delegates.
Torres picked up on that point and noted that the BOE’s decision stripped New York’s millions of Democratic voters of what she described as their constitutional right to elect delegates who can “push their point of view” at the party’s convention this summer.
“They will be deprived of the right to cast a vote for an otherwise qualified candidate and the political views expressed by that candidate,” Torres wrote in her ruling.
Along with the primary being restored, Torres’ ruling also puts Sanders, Yang and eight other failed White House candidates back on the ballot.
Jeff Kurzon, a lawyer for Yang, lauded Torres’ decision and said the “BOE’s move created an extremely dangerous precedent.”
“Canceling one election opens the door for other states — and the federal government — to cancel future elections, something we can all agree is wholly un-American,” Kurzon told the New York Daily News in an email. “We are grateful to the court for delivering justice and we are all excited to vote on June 23.”
BOE cancelled the election on April 27 over public health reasons, saying that letting the primary go on as planned would put people in danger because of the fast-spreading coronavirus, which has already killed nearly 20,000 New Yorkers.
The BOE’s order only canceled the Democratic presidential contest. Down-ballot congressional primaries were still expected to take place June 23, regardless of Torres’ ruling.
BOE spokesman John Conklin said late Tuesday that the board’s lawyers were “reviewing” Torres’ decision, suggesting they may appeal to a higher court.
Torres wrote in her decision that BOE’s concerns for public health weren’t without justification.
However, the judge said those concerns did not outweigh the constitutional right to vote.
Moreover, Torres said election-related social distancing precautions have already been taken, including Gov. Andrew Cuomo’s executive order allowing every voter in the state to request to vote via mail-in absentee ballot.
———
(Denis Slattery contributed to this report.)
———
©2020 New York Daily News
Visit New York Daily News at www.nydailynews.com
Distributed by Tribune Content Agency, LLC.