New York Assembly Passes Bill Moving Independent, Alt Party Petition Deadline from August to May

Ballot Access News:

On May 15, the New York Assembly passed AB 3052 by 127-16. Among other things, it moves the deadline for independent candidate petition deadlines from August to May. Here is the text; see section 13, subdivision 9, of the bill, at the bottom of page seven. The bill sets the deadline at 23 weeks, which means it would always be between May 25 and May 31.

That deadline would be held unconstitutional under Anderson v Celebrezze, which said that states cannot have such early petition deadlines, especially not for president. Deadlines in May or later months have been struck down in Alaska, Arizona, Idaho, Kansas, Massachusetts, Nevada, Rhode Island, and South Dakota.

The bill’s author, Assemblymember Michael Cusick, claims the provision is needed to comply with the federal law that requires overseas ballots to be mailed no later than 45 days before any federal election. This is an absurd thing to say. No state can print its general election ballot until the major parties hold their presidential conventions, which range between mid-July and the first week in September. Furthermore the bill sets the New York primary (for office other than president) on the fourth day of June, and obviously the general election ballot can’t be printed before the primary.

New York is in the Second Circuit. There are no Second Circuit precedents because no state in the Third Circuit have ever had such early deadlines. The only three states in the Second Circuit are New York, Vermont, and Connecticut. The latter two states have August petition deadlines for independent candidates and the nominees of unqualified parties.

In email with Richard Winger, he confirmed that this would also apply to unqualified parties.

6 thoughts on “New York Assembly Passes Bill Moving Independent, Alt Party Petition Deadline from August to May

  1. Andy

    This is a terrible bill. If anything, the deadline should remain in August, and the starting date for gathering signatures should be earlier, as in they should have more than 6 weeks to gather signatures.

    A May deadline is ridiculously early and will cause all kinds of problems for minor party and independent candidates (which I’m sure is the intention of the bill’s sponsor).

  2. Tony From Long Island

    The New York State Senate is known for often ignoring many bills that come out of the Assembly. Let’s hope they keep that trend up here.

  3. Richard Winger

    The New York Libertarian Party ought to get out a press release. The mainstream media in New York has not mentioned this part of the bill. I have e-mail every New York reporter known to me, but so far no response.

    Evan McMullin also ought to speak out about this. He didn’t even declare until August 10, 2016.

  4. Vicki kirkland

    Currently the window is something like the first Tuesday in July to the third Tuesday in August.
    How would a May deadline change this window? I agree that the window should be much longer
    than six weeks.

  5. Jonathan Makeley

    Well my assemblyman has given me yet another reason to vote against him.

  6. Billy Goat Eater

    We need an all out effort to defend the August deadline. Our battle cry must be “Augustus Invictus!”

Leave a Reply

Your email address will not be published. Required fields are marked *