It’s Final: Court Orders Cuomo to Reinstate Dem Presidential Primary

It’s Final: Court Orders Cuomo to Reinstate Dem Presidential Primary

New York - The New York state board of elections gave up its fight to cancel the Democratic presidential primary in June after a federal appeals court ordered it reinstated.

The 2nd court of appeals on Tuesday upheld a ruling earlier this month by Judge Analisa Torres that Democrats must have the chance on June 23 to decide who will represent them at the nominating convention, overturning the election’s cancellation by Gov. Andrew Cuomo.

Joe Biden is the presumptive nominee since all other credible candidates have dropped out — with the exception of Bernie Sanders who has merely suspended his campaign. The Board of Elections, which is controlled by Cuomo appointees, said they will no longer appeal the verdict and will hold the election as scheduled.

The suit was brought by former candidate Andrew Yang, who is now considering a run for mayor of New York City. The quirky contender claimed that Cuomo’s move denied voters “the right to choose our next candidate for the office of the president of the United States.”

Cuomo was widely believed to have canceled the elections to allot the state’s electors to Biden and deny them to Sanders. But he cited the coronavirus as the reason, saying it was difficult for voters to cast their ballot under social distancing guidelines.

But Torres stated that the show must go on.

“The 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,” she wrote.

The state plans to send paper ballots to be mailed in to every registered voter. The initial cancellation did not affect other races, which includes a primary in Midwood where Chaim Deutsch is challenging incumbent Democrat Rep. Yvette Clarke.

Photo by: Kevin P. Coughlin / Office of Governor Andrew M. Cuomo

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