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Canceling an Election During a Pandemic

Robert Timothy Reagan
September 13, 2020
Available Online Only

Yang v. New York State Board of Elections (Analisa Torres, S.D.N.Y. 1:20-cv-3325)
Because all but one candidate for a party’s presidential nomination had announced suspension of their campaigns, and in light of a global infectious pandemic, election officials in New York canceled the party’s 2020 presidential primary election, leaving in place primary elections for other offices in most of the state’s counties. A district judge and the court of appeals concluded that it was unconstitutional to remove from the ballots candidates who had merely suspended their campaigns.
Subject: Election dates. Topics: Enjoining elections; COVID-19; primary election; getting on the ballot; intervention; absentee ballots; party procedures; class action.

One of many Case Studies in Emergency Election Litigation.