Judge reinstates NY presidential primary canceled by state, rules halt unconstitutional

Analisa Torres, a federal judge of the U.S. District Court for New York’s Southern District has restored New York’s cancelled Democratic presidential primary on June 23, saying that halting it was unconstitutional.

Douglas Kellner, one of the commissioners on the NY Board of elections had told CNNat the time of cancellation “”At a time when the goal is to avoid unnecessary social contact, our conclusion was that there was no purpose in holding a beauty contest primary that would marginally increase the risk to both voters and poll workers,.”

Andrew Yang applauded the decision, saying “I’m glad that a federal judge agreed that depriving millions of New Yorkers of the right to vote was wrong.”

Fox News reports Torres ruled that “If all but one of the presidential candidates are removed from the ballot and the primary is not held, Delegate Plaintiffs will be deprived of the opportunity to compete for delegate slots and shape the course of events at the [Democratic National] Convention, and voters will lose the chance to express their support for delegates who share their view.”

The judge also said there is enough time for the state of New York to figure out how to implement safe voting measures before the June primary amid the coronavirus outbreak.

“Protecting the public from the spread of COVID-19 is an important state interest. But the Court is not convinced that canceling the presidential primary would meaningfully advance that interest,” Torres added.

The BOE voted to cancel the presidential primary elections, but all state-level elections — including congressional elections — were not canceled due to health concerns.