NYC BOE omits candidate from absentee ballots: Richard Winger comments

from Ballot Access News
New York Omits Candidate From Absentee Ballots Even Though Court Put Him On Ballot

Richard Winger/ August 17th, 2009

According to this story in the New York Daily News, the New York City Board of Elections has printed absentee ballots in City Councilman Alan Gerson’s race that do not include Gerson’s name [Gerson is a Democrats.] This, despite the fact that last week the New York Supreme Court ordered him restored to the ballot. This is not a mistake; the New York City Board of Elections says it is policy.

That policy violates what the U.S. Supreme Court said in American Party of Texas v White. That 1974 decision upheld many Texas state ballot access laws, but the one victorious point in that case was that the U.S. Supreme Court said it violates the U.S. Constitution to omit a candidate (who is on the regular ballots) from absentee ballots. This part of the decision is on pages 794-795 in U.S. Reports.

4 thoughts on “NYC BOE omits candidate from absentee ballots: Richard Winger comments

  1. Kimberly Wilder Post author

    While this is about a Democratic Party candidate, the situation is something third party candidates deal with a lot in having to battle to stay on the ballot.

    And, the situation could set precedents in the media’s thinking and/or case law. So, it is very worth watching for independent/third party political activists.

  2. mdh

    Can someone post more information on why they wanted to exclude him and why he had to file suit to begin with?

  3. Kimberly Wilder

    This is mostly from memory and a cursory study. I stand by for info from others…


    Someone probably wanted to exclude him, because they want their candidate in!

    I think the technical excuse was that Gerson’s pre-printed petitions had his home address wrong on some sheets. And, the BOE did not like how he handled it and fixed it.

    I may be giving the petition-challenge-energy too much credit, but…

    Some angst against Gerson could be that he is one of the incumbent NY City Council members who voted to crush term limits (which had been instituted by a voter referendum several years ago.)

  4. mdh

    Hmmm. The idea of representatives overturning legislation passed by referendum is pretty sickening. 🙁

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