Washington Post- Federal judge orders officials to restore New York primary, drawing cheers from Sanders camp

The decision can be found at the end of this article (scroll down)
https://www.usatoday.com/story/news/politics/elections/2020/05/06/new-york-presidential-primary-reinstated-yang-sanders-lawsuit/5174230002/

https://www.bloomberg.com/news/articles/2020-05-05/new-york-democrats-ordered-by-judge-to-reinstate-primary-vote

Politics
Bloomberg:New York Democrats Ordered by Judge to Reinstate Primary

"Removing all but one candidate from the ballot and calling off the primary means Yang and others “will be deprived of the opportunity to compete for delegate slots and shape the course of events at the convention and voters will lose the chance to express their support for delegates who share their views,” Torres said. “The loss of these First Amendment rights is a heavy hardship.”...Torres ordered the names of presidential and delegate candidates who were qualified as of April 26 to be restored to the ballot...Representatives of New York Governor Andrew Cuomo’s office and the Board of Elections didn’t immediately respond to phone calls and emails seeking comment on the ruling. Lawyers representing Yang in the case also didn’t immediately respond to emails."

https://www.washingtonpost.com/politics/federal-judge-orders-officials-to-restore-new-york-primary-drawing-cheers-from-sanders-camp/2020/05/05/c787a0d2-8f2b-11ea-a0bc-4e9ad4866d21_story.htm

Washington Post:

Federal judge orders officials to restore New York primary, drawing cheers from Sanders camp

"In a 30-page ruling, U.S. District Judge Analisa Torres wrote that the plaintiffs, which included former presidential candidate Andrew Yang, had presented a credible argument on the basis of constitutional rights …….“We’re glad Judge Torres has restored basic democracy in New York,” Sanders campaign manager Faiz Shakir said in a statement. “People in every state should have the right to express their preference in the 2020 Democratic primary. We have confidence that New York can hold elections in June in a safe manner that preserves New Yorkers’ right to vote.”
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https://www.bloomberg.com/news/articles/2020-05-05/new-york-democrats-ordered-by-judge-to-reinstate-primary-vote

Politics
New York Democrats Ordered by Judge to Reinstate Primary
By Malathi Nayak
May 5, 2020 at 6:50:47 PM EDT Updated on May 5, 2020 at 10:33:09 PM EDT

The New York primary election is back on track after a federal judge ordered state Democratic officials to reinstate the vote on June 23 in response to Democratic presidential candidate Andrew Yang’s challenge to its cancellation.

Numerous states rescheduled their presidential primary elections due to Covid-19 but New York is violating voters’ constitutional rights by having canceled the primary, U.S. District Judge Analisa Torres said in an order on Tuesday.

Yang and a group of candidates seeking to represent him at the party’s national convention sued in late April to block the state from canceling the election and to reinstate the vote. State officials removed 10 Democratic presidential candidates, including Yang, who had qualified to be on the ballot but suspended their campaigns or were no longer seeking nomination, leaving only Joe Biden eligible to collect delegates, according to Yang’s lawsuit.

Former presidential candidates Bernie Sanders and Yang didn’t ask for their names to be taken off the ballot when they dropped out, hoping to collect votes that would entitle them to delegates at the convention, where they could use their clout to sway party policy. Candidates who receive at least 15% of the vote in a congressional district and 15% of the vote statewide can send delegates to the convention, under the New York Democratic Party’s selection rules.

“We’re glad Judge Torres has restored basic democracy in New York,” Sanders’s Campaign Manager Faiz Shakir said in a statement. “People in every state should have the right to express their preference in the 2020 Democratic primary. We have confidence that New York can hold elections in June in a safe manner that preserves New Yorkers’ right to vote.”

Removing all but one candidate from the ballot and calling off the primary means Yang and others “will be deprived of the opportunity to compete for delegate slots and shape the course of events at the convention and voters will lose the chance to express their support for delegates who share their views,” Torres said. “The loss of these First Amendment rights is a heavy hardship.”

Torres ordered the names of presidential and delegate candidates who were qualified as of April 26 to be restored to the ballot.

Representatives of New York Governor Andrew Cuomo’s office and the Board of Elections didn’t immediately respond to phone calls and emails seeking comment on the ruling. Lawyers representing Yang in the case also didn’t immediately respond to emails.

— With assistance by Bob Van Voris, and Tyler Pager

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https://www.washingtonpost.com/politics/federal-judge-orders-officials-to-restore-new-york-primary-drawing-cheers-from-sanders-camp/2020/05/05/c787a0d2-8f2b-11ea-a0bc-4e9ad4866d21_story.html

Federal judge orders officials to restore New York primary, drawing cheers from Sanders camp
By Sean Sullivan and David Weigel 
May 5, 2020 

A federal judge ruled Tuesday that Democratic candidates including Sen. Bernie Sanders who were struck from the New York state ballot should be restored, ordering officials to conduct a presidential primary they had opted to cancel amid concerns about the coronavirus pandemic.

In a 30-page ruling, U.S. District Judge Analisa Torres wrote that the plaintiffs, which included former presidential candidate Andrew Yang, had presented a credible argument on the basis of constitutional rights. Yang praised the ruling on Twitter.

“Plaintiffs and Plaintiff-Intervenors have made a strong showing of irreparable harm without emergency relief,” and “that the public interest would be served by such relief,” wrote Torres, who sits on the U.S. District Court for the Southern District of New York.

Former vice president Joe Biden, the presumptive Democratic presidential nominee, has earned the endorsement of Sanders (I-Vt.) and other former rivals. But when Sanders suspended his campaign, he said he intended to remain on ballots in upcoming contests to continue to accumulate delegates to the national convention. His stated intent was to influence the platform and other pivotal decisions.

“We’re glad Judge Torres has restored basic democracy in New York,” Sanders campaign manager Faiz Shakir said in a statement. “People in every state should have the right to express their preference in the 2020 Democratic primary. We have confidence that New York can hold elections in June in a safe manner that preserves New Yorkers’ right to vote.”

Last week, Democratic commissioners on the state elections board, after weighing Sanders’s push to stay on the ballot along with the impact of conducting a vote during the pandemic, opted to remove him and other contenders, concluding that the primary was effectively settled.

Because New York does not hold uncontested primaries, the decision had the effect of scrapping the vote.

At the time, the Sanders campaign blasted state officials over their decision, with a top adviser issuing a statement calling it “blow to American democracy.”

The standoff created fresh tension in a party that was showing signs of healing some of the wounds that had opened during a contentious primary campaign that lasted more than a year.

Torres’s ruling directed officials to hold the primary on June 23, the date they had once planned to conduct it, after moving it back from April 28 due to the pandemic.

The New York State Democratic Party did not immediately respond to a request for comment. The Biden campaign had no immediate comment.

Sanders supporters and campaign veterans cheered the news, which came on the heels of a new political action committee some of them had formed to help win votes in remaining primaries.

Winnie Wong, a co-founder of the Once Again PAC, urged followers not to “fall in line” before the primaries were over, adding an expletive to her tweet.

Nina Turner, who had served as a national co-chair on the Sanders campaign and is advising the PAC, said in an interview that his supporters needed him to win more delegates to have maximum influence over the party platform. She argued that putting the party on record in favor of Medicare-for-all and marijuana legalization, among other Sanders priorities, would make Biden a stronger nominee.

“This is not about one single politician,” Turner said. “This is about a movement. This is about a social contract.”

Jack Califano, a former organizing director for the Sanders campaign, tweeted “Let’s win New York.” To show his enthusiasm, he added an expletive to his message.