NY's Democratic presidential primary reinstated after Yang, Sanders sue

ALBANY - The Democratic presidential primary in New York is back on.

A federal judge in Manhattan ruled late Tuesday that New York must hold the primary on June 23, contending that canceling it would be unconstitutional and take away the ability of the candidates to receive delegates for the party's convention in August.

Removing the candidates from the ballot and "canceling the presidential primary denied them the chance to run, and denied voters the right to cast ballots for their candidate and their political beliefs," U.S. District Judge Analisa Torres ruled.

The lawsuit was brought on behalf of former presidential candidates Bernie Sanders and Andrew Yang, who argued in a lawsuit April 28 that it was illegal for New York to cancel the primary

"Yes – the people of New York will be able to vote in the Democratic presidential primary," Yang wrote on Twitter.

John Conklin, a spokesman for the state Board of Elections, declined comment on the ruling or whether the state would appeal, saying it was under review by the board's attorneys.

The state's Democratic election commissioners voted last week to remove 10 presidential candidates from the ballot except Joe Biden, the only actively campaigning candidate and presumptive nominee.

The vote came after a new measure in state law that allows the board to remove candidates from the ballot if a candidate publicly suspends his or her campaign.

Lawsuit: Andrew Yang is challenging New York over its decision to cancel Democratic primary

Primaries for state and federal elections were still being held, but the commissioners said it was best to end the presidential primary due to the coronavirus pandemic.

But the judge ruled the Democratic presidential primary is required for a variety of reasons, including delegates selected by the primary "to compete for the chance to become Convention delegates."

"That Delegate Plaintiffs’ rights are tied to those of Yang and other presidential candidates does not diminish Delegate Plaintiffs’ importance, or their standing to sue when their ability to run – which rises and falls on their presidential candidates’ viability– is threatened," Torres ruled.

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This article originally appeared on New York State Team: NY's June 23 presidential primary reinstated after Yang, Sanders sue