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.