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George II

(67,782 posts)
Tue Apr 19, 2016, 05:21 PM Apr 2016

BREAKING: Judge Denies Request To Immediately Open Up New York Primary To Independent Voters

Source: Thinkprogress

NEW YORK, NEW YORK — Independent New York voters who were hoping to gain the right to vote in the state’s closed primary received some disappointing news from a federal judge on Tuesday, when she denied a request for a temporary restraining order that would have opened up New York’s primary election to all voters, regardless of party affiliation.

District Judge Joanna Seybert denied the request, and delayed a hearing on an emergency lawsuit filed Monday, which sought to open the state’s closed primary so that New York’s 3.2 million independents could cast a ballot on Tuesday.

Filed by the group Election Protection USA, the lawsuit alleged that many New York voter registrations were being purged from the rolls, and that some voters’ party affiliations were being changed without explanation.

Jordan Chariton, a reporter for The Young Turks, reported on Twitter that the lawsuit was delayed because the plaintiffs essentially named the wrong defendants. Instead of the New York state Board of Elections, Seybert reportedly said the lawsuit should be challenging each individual county’s board of the elections, because they are responsible for what happens with voter registrations.

Read more: http://thinkprogress.org/politics/2016/04/19/3770513/judge-decision-emergency-lawsuit-new-york-primary/

62 replies = new reply since forum marked as read
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BREAKING: Judge Denies Request To Immediately Open Up New York Primary To Independent Voters (Original Post) George II Apr 2016 OP
join the party indies saturnsring Apr 2016 #1
Good apcalc Apr 2016 #2
More confused now. Actor Apr 2016 #3
TO OP: Same Article OP in GD-P Was Self-Deleted by the Poster Today at 1:57 PM. YOU: FOLLOW SUIT. appalachiablue Apr 2016 #19
What I dont understand is the Sanders camp must have known the indies were not Actor Apr 2016 #26
Because the irregularities lancer78 Apr 2016 #40
Excellent news. Democrats and Republicans only. The way it was meant to be. Trust Buster Apr 2016 #4
I agree. riversedge Apr 2016 #46
Good DURHAM D Apr 2016 #5
Key words - "immediately open" and "delayed". Final determination later. Do all you can to vote, highprincipleswork Apr 2016 #6
Well, there's no legal reason to open it up Zynx Apr 2016 #7
BREAKING: Judge does NOT Deny Request to Open Up New York Primary To Independent Voters northernsouthern Apr 2016 #8
As I read it, the judge said that changed voters WhiteTara Apr 2016 #14
I could be wrong, but all I have read has not said so... northernsouthern Apr 2016 #16
... WhiteTara Apr 2016 #27
The wording in this one is bad northernsouthern Apr 2016 #32
I still think that the ruling says, if your registration WhiteTara Apr 2016 #34
It would make sense... northernsouthern Apr 2016 #43
Exactly Andy823 Apr 2016 #48
Reread the headline. The denial was for the request to immediately open the primary to........ George II Apr 2016 #22
Nope northernsouthern Apr 2016 #25
The Judge DENIED the motion for temporary restraining order (TRO) to open the primary. SunSeeker Apr 2016 #29
That does sound more correct legal wise. northernsouthern Apr 2016 #45
Wow - where did you get the BlueMTexpat Apr 2016 #52
Sure call them up. northernsouthern Apr 2016 #61
This makes Georgy's OP look inaccurate. What gives? floriduck Apr 2016 #54
Inaccurate how? nt SunSeeker Apr 2016 #56
Sorry. My mistake. floriduck Apr 2016 #57
This means that whatever the judge's ultimate ruling will be, it will not apply to today's primary. beastie boy Apr 2016 #41
rules are rules MFM008 Apr 2016 #9
in other words, the lawsuit changed nothing nt geek tragedy Apr 2016 #10
Bingo. George II Apr 2016 #23
How is this is an issue today and not the weeks leading up to this, how did the Sanders Jackie Wilson Said Apr 2016 #11
Good luck getting those 'indie' voters to show up in November. Purveyor Apr 2016 #12
Whose well exactly does this poison? beastie boy Apr 2016 #44
The ignorant children that will decide, fuck all this shit, and stay home Purveyor Apr 2016 #47
This will only prove how dumb the ignorant children are. beastie boy Apr 2016 #49
Perhaps but bottom line...no votes. eom Purveyor Apr 2016 #51
What are the odds of having enough dumb children of voting age to make any difference? beastie boy Apr 2016 #55
No judge who change the law. What the judge did was allow those who still_one Apr 2016 #13
That would keep the delays at a minimum, certainly not "3 million" provisional ballots. George II Apr 2016 #20
or commit voter fraud saturnsring Apr 2016 #24
Voter fraud is a republican talking point in order to pass laws to suppress voters. Dont call me Shirley Apr 2016 #36
As it should. This is a Democratic primary. Kingofalldems Apr 2016 #15
bernie bros rigging the election saturnsring Apr 2016 #17
I hope that doesn't happen as that is fraud WhiteTara Apr 2016 #28
That's called Election Fraud, when registered voters are purged from the rolls or their affiliation Dont call me Shirley Apr 2016 #37
Be careful to distinguish between fraud and error. Igel Apr 2016 #58
126,000 x error, being done since November 2015? No error there. Dont call me Shirley Apr 2016 #60
Good. No ratfucking. SunSeeker Apr 2016 #18
I foresee a day when we'll see the plaintiffs with egg smeared all over their faces. lamp_shade Apr 2016 #21
Wouldnt have registering with the party been a lot easier than filing a lawsuit? Travis_0004 Apr 2016 #30
It would, if you were a Democrat. SunSeeker Apr 2016 #35
Many refused to be (D) or (R). Igel Apr 2016 #59
breaking: bernie supporters left the dem party in a huff now realize they screwed themselves saturnsring Apr 2016 #31
drumpf fans will be outraged mwrguy Apr 2016 #33
Interesting there are two disparate versions of this report mcar Apr 2016 #38
GOOD. Democratic primaries should be for DEMOCRATS, NYC Liberal Apr 2016 #39
K&R! TeamPooka Apr 2016 #50
I thought Feuerstein had the case? democrattotheend Apr 2016 #42
I believe Seybert ruled against the TRO and sent the case back to Feuerstein beastie boy Apr 2016 #53
It's not rocket science: Primaries are events in which parties select their candidates Algernon Moncrieff Apr 2016 #62

appalachiablue

(41,140 posts)
19. TO OP: Same Article OP in GD-P Was Self-Deleted by the Poster Today at 1:57 PM. YOU: FOLLOW SUIT.
Tue Apr 19, 2016, 05:35 PM
Apr 2016

(*BREAKING NEWS: NOW ALSO POSTED IN LBN and GD-P)

*BREAKING: New York Judge Rules For Voters In Last Minute Primary Case*, April 19, 2016Nathaniel Downes 

New York began disenfranchising millions of its citizens due to a draconian voter registration law. As a result, an emergency lawsuit (CV-16 1892) was filed in Federal District Court Monday by Election Justice USA to enable both independents and newly registered Democrats to vote in the primary. This law resulted in many people whom have been registered as Democrats were scrubbed from voter rolls without sufficient notice. The loss was so large in one borough of New York City that Mayor deBlasio raised the issue in an interview with WYNC:

"This number surprises me. I admit that Brooklyn has had a lot of transient population – that’s obvious. Lot of people moving in, lot of people moving out. That might account for some of it. But I’m confused since so many people have moved in, that the number would move that much in the negative direction."

On top of these problems, reports are coming in of New York voters facing broken and malfunctioning machines, resulting in long lines. Add to it the usual partisan conflicts in a hotly contested primary, nobody can claim that New York’s primary is not important.

Now the court has declined to dismiss the case, leaving the issue open for people to now petition for their vote to be accepted. This authorizes those who were denied access to the polls to cast their vote using a provisional ballot, due to the late stage of this decision. The judge also ruled that all county election offices must appear before the court within 60 days to defend their enrollment process. This order does not, however, give people who choose not to join a particular political party the opportunity to participate, leaving it only a partial answer to the issue.

For a more permanent solution, the legislature in Albany is currently working on Assembly Bill A9661, which would turn the New York primary into a full open primary.

The nature of democracy is the principle of one person, one vote. However, as Tom Stoppard put it in his play “Jumpers”, “It’s not the voting that’s democracy; it’s the counting.” By manipulating the numbers, by disenfranchising voters be it through closed primaries, voter ID laws or scrubbing election rolls, it undermines the principles upon which our nation was founded. The decision to enable people to vote in New York’s primary today is another victory for the forces of democracy.

http://reverbpress.com/politics/battlegrounds/breaking-new-york-judge-rules-voters-primary-case/
--------------------
**This is a big win for all New York voters! This means those who legitimately should have been allowed to vote will be able to submit affidavit ballots and have their votes count!**

Actor

(626 posts)
26. What I dont understand is the Sanders camp must have known the indies were not
Tue Apr 19, 2016, 05:43 PM
Apr 2016

going to be able to vote for him, so why is this news now, why werent lawsuits or whatever going on months ago?

 

lancer78

(1,495 posts)
40. Because the irregularities
Tue Apr 19, 2016, 06:43 PM
Apr 2016

were just discovered recently. And this is an independent group separate from any campaign.

 

highprincipleswork

(3,111 posts)
6. Key words - "immediately open" and "delayed". Final determination later. Do all you can to vote,
Tue Apr 19, 2016, 05:23 PM
Apr 2016

including casting a provisional ballot if necessary.

Zynx

(21,328 posts)
7. Well, there's no legal reason to open it up
Tue Apr 19, 2016, 05:24 PM
Apr 2016

There isn't any argument for it besides some pseudo-moralistic whining.

 

northernsouthern

(1,511 posts)
8. BREAKING: Judge does NOT Deny Request to Open Up New York Primary To Independent Voters
Tue Apr 19, 2016, 05:25 PM
Apr 2016

He has them voting on provisional and then they will decide afterwards.

WhiteTara

(29,718 posts)
14. As I read it, the judge said that changed voters
Tue Apr 19, 2016, 05:28 PM
Apr 2016

could vote provisional but that those who stated independent could not vote in the closed primary.

 

northernsouthern

(1,511 posts)
16. I could be wrong, but all I have read has not said so...
Tue Apr 19, 2016, 05:31 PM
Apr 2016
and delayed a hearing on an emergency lawsuit filed Monday, which sought to open the state’s closed primary so that New York’s 3.2 million independents could cast a ballot on Tuesday.

WhiteTara

(29,718 posts)
27. ...
Tue Apr 19, 2016, 05:48 PM
Apr 2016

NEW YORK, NEW YORK — Independent New York voters who were hoping to gain the right to vote in the state’s closed primary received some disappointing news from a federal judge on Tuesday, when she denied a request for a temporary restraining order that would have opened up New York’s primary election to all voters, regardless of party affiliation.

District Judge Joanna Seybert denied the request, and delayed a hearing on an emergency lawsuit filed Monday, which sought to open the state’s closed primary so that New York’s 3.2 million independents could cast a ballot on Tuesday.


It does seem confusing; but I think that she denied the request to open the primaries.

 

northernsouthern

(1,511 posts)
32. The wording in this one is bad
Tue Apr 19, 2016, 05:58 PM
Apr 2016

Other posts have better ones. But from my reading there is a two part thing, one is open it immediately, and the other is count our independent ballots. She said not to this instant, but did not so no to counting them. Does not mean loss of hope, but it also does mean much until they rule.

WhiteTara

(29,718 posts)
34. I still think that the ruling says, if your registration
Tue Apr 19, 2016, 06:01 PM
Apr 2016

was changed, your vote will count provisionally if you can be verified through your registration form. If you are independent, your vote won't count as this is a closed primary.

 

northernsouthern

(1,511 posts)
43. It would make sense...
Tue Apr 19, 2016, 06:55 PM
Apr 2016

But I just want the actual wording. Hate getting the half story. They just said on TYT that some places are refusing to give out provisionals, but they din't state a linkable source, so may just be anecdotal.

Andy823

(11,495 posts)
48. Exactly
Tue Apr 19, 2016, 07:20 PM
Apr 2016

Only those who verify they are reregistered will have their votes counted. NO republicans can vote for a Democrat, and no independents can vote for a Democrat. Same thing, no Democrat can vote for a republican, and no independent can vote for a republican.

The BS going on that ANYONE can vote for any candidate wrong!

George II

(67,782 posts)
22. Reread the headline. The denial was for the request to immediately open the primary to........
Tue Apr 19, 2016, 05:40 PM
Apr 2016

.........independents, just allowing those (very few) who feel their registrations was improperly changed to independent to vote with provisional ballots. There are very very few of those.

 

northernsouthern

(1,511 posts)
25. Nope
Tue Apr 19, 2016, 05:43 PM
Apr 2016

It is say she is not throwing open the door, they are allowed to vote a provisional that will then be ruled upon if they do open it. It is directly in the article...again it is directly from your link...


and delayed a hearing on an emergency lawsuit filed Monday, which sought to open the state’s closed primary so that New York’s 3.2 million independents could cast a ballot on Tuesday.

SunSeeker

(51,564 posts)
29. The Judge DENIED the motion for temporary restraining order (TRO) to open the primary.
Tue Apr 19, 2016, 05:50 PM
Apr 2016


They sued the wrong defendants. The judge is letting the fools amend their complaint to try to get it right. But the voters ALWAYS had a right to vote via provisional ballot. That was not at issue in the litigation and there is NOTHING in the judge's order about that.
 

northernsouthern

(1,511 posts)
45. That does sound more correct legal wise.
Tue Apr 19, 2016, 06:58 PM
Apr 2016

If their people are denying people the right to vote that still could be on them...but the DNC is the one you should sue since they do control it.

(although fools is a loaded word for people dealing with the legal system, one that is obfuscated on purpose to force people to use lawyers)

BlueMTexpat

(15,369 posts)
52. Wow - where did you get the
Tue Apr 19, 2016, 07:43 PM
Apr 2016

idea that the DNC has any power in how New York State runs its primaries?

Please proceed with your suit.

 

northernsouthern

(1,511 posts)
61. Sure call them up.
Tue Apr 19, 2016, 11:08 PM
Apr 2016

The elections are just in charge of a small about, the rest is all the parties. I know that because I often call and chat with both the elections boards and the DNCs for each state. The election boards can give you a certain amount of information, but polices and such are all DNC and RNC. That is why the states have started defending closed elections, it is an easy way for them to save money since no one can really make a good excuse for a closed primary that is paid for by the 40% plus that are not in parties.

New York state law has a provision that lets parties use a different method than closed for a primary if they want. But only the Independence Party has taken advantage of that and let unaffiliated voters take part in elections. According to Think Progress, bills to reform the election process are turned into to the state legislature every year, and they always fail.

http://heavy.com/news/2016/04/can-new-york-change-to-open-primary-closed-election-voter-fraud-registration-party-changed-protest-rally/

But here, does this give you enough proof? Hope that cures you laughing fit.


beastie boy

(9,368 posts)
41. This means that whatever the judge's ultimate ruling will be, it will not apply to today's primary.
Tue Apr 19, 2016, 06:51 PM
Apr 2016

And it's very unlikely that the judge will rule to open the primaries anyway.

Jackie Wilson Said

(4,176 posts)
11. How is this is an issue today and not the weeks leading up to this, how did the Sanders
Tue Apr 19, 2016, 05:26 PM
Apr 2016

campaign not know about this in advance?

Did they, had they filed a suit before this?

We need to do away with these deadlines, registrations, etc., you are born you are registered and anybody can vote for anybody.

beastie boy

(9,368 posts)
44. Whose well exactly does this poison?
Tue Apr 19, 2016, 06:56 PM
Apr 2016

Certainly not the adults who understand the law and the consequences of their decisions.

 

Purveyor

(29,876 posts)
47. The ignorant children that will decide, fuck all this shit, and stay home
Tue Apr 19, 2016, 07:16 PM
Apr 2016

on election day in Nov.

Of course, I'm sure NO ONE needs their votes anyway...

beastie boy

(9,368 posts)
49. This will only prove how dumb the ignorant children are.
Tue Apr 19, 2016, 07:28 PM
Apr 2016

They demand something when they are not entitled to it, but they threaten to reject the same thing they now demand when they can actually be counted.

Why don't we have a smiley of someone shooting themselves in the foot?

beastie boy

(9,368 posts)
55. What are the odds of having enough dumb children of voting age to make any difference?
Tue Apr 19, 2016, 07:51 PM
Apr 2016

Besides, they are likely to sit out the elections anyway, just so they can make demands after it's all over.

still_one

(92,216 posts)
13. No judge who change the law. What the judge did was allow those who
Tue Apr 19, 2016, 05:28 PM
Apr 2016

believe they were incorrectly registered as independents is to use provisional ballots, and determine the validity of their claims

WhiteTara

(29,718 posts)
28. I hope that doesn't happen as that is fraud
Tue Apr 19, 2016, 05:50 PM
Apr 2016

and voter registration forms are kept by the counties and can be verified.

Dont call me Shirley

(10,998 posts)
37. That's called Election Fraud, when registered voters are purged from the rolls or their affiliation
Tue Apr 19, 2016, 06:09 PM
Apr 2016

is changed it without their consent. That's what has been done in NY.

Igel

(35,317 posts)
58. Be careful to distinguish between fraud and error.
Tue Apr 19, 2016, 08:17 PM
Apr 2016

We'd rather be the victim of a crime and able to sue and imprison than say, "Oh, somebody made an error." It makes something possibly profitable and also doubles down on the victimhood.

Of course, we're always glad to say, "Oh, I made a mistake," in order to avoid being accused of a crime and be placed in legal jeopardy.

Igel

(35,317 posts)
59. Many refused to be (D) or (R).
Tue Apr 19, 2016, 08:20 PM
Apr 2016

Now, of course, they want it both ways.

Perhaps they'd like to vote in the primaries and be given more rights--the ability to choose between the (D) nominees for some races and the (R) nominees for others. Sort of make the primary a mini-general, a sort of electoral Napoleon, which would be appropriate given the general despotic tone.

 

saturnsring

(1,832 posts)
31. breaking: bernie supporters left the dem party in a huff now realize they screwed themselves
Tue Apr 19, 2016, 05:57 PM
Apr 2016

and now demand a judge fix it

mcar

(42,334 posts)
38. Interesting there are two disparate versions of this report
Tue Apr 19, 2016, 06:20 PM
Apr 2016

on LBN. This seems pretty straightforward.

NYC Liberal

(20,136 posts)
39. GOOD. Democratic primaries should be for DEMOCRATS,
Tue Apr 19, 2016, 06:39 PM
Apr 2016

not Republicans, not independents.

Open primaries should be gotten rid of in every state.

Algernon Moncrieff

(5,790 posts)
62. It's not rocket science: Primaries are events in which parties select their candidates
Tue Apr 19, 2016, 11:11 PM
Apr 2016

If one wants to have a say in who the Democrats select to be a candidate, then join the Democratic Party.

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