New York Cancels Primary In Blow To Bernie Sanders

TOPLINE

In a move opposed by Senator Bernie Sanders, who had hoped to remain on upcoming primary ballots in order to win enough delegates to have more power at the Democratic convention, New York cancelled its primary Monday, citing public health risks due to the coronavirus pandemic and former Vice President Joe Biden’s status as presumptive Democratic nominee.

KEY FACTS

Earlier this month, after Sanders conceded the race to Biden, New York Governor Andrew Cuomo signed a budget bill with a provision allowing the state’s Board of Elections to remove candidates who have suspended their campaigns from the ballot and, in effect, cancel the election.

On Monday, the board made use of that provision, removing Sanders and all other suspended candidates from the presidential primary ballot on the grounds that Biden has the nomination locked up and coronavirus makes voting a potentially dangerous activity–although the state has sent mail-in ballots to all registered voters.

“Joe Biden is the only candidate and therefore he is effectively the winner of the New York primary,” said Doug Kellner, the Democratic co-chair of the board.

Malcolm Seymour, an attorney for the Sanders campaign, sent a letter to the board, first reported by HuffPost, opposing the measure and asserting that Sanders has “formally objected to his removal.”

“The legislature would not have given the Board this discretion if the legislature had not anticipated that situations would arise in which a candidate’s removal would be improper,” the letter stated.

The move is a blow to Sanders and his progressive allies, who had hoped to continue to rack up delegates in order to influence party policy at the Democratic National Convention.

Key Background

When Sanders announced he was dropping out of the race, he said that he would remain on the ballot so his campaign could “continue to assemble as many delegates as possible where we will be able to exert significant influence over the party platform.” Larry Cohen, chairman of the pro-Sanders PAC Our Revolution, explained that the goal was to win 25% of the seats on convention committees that govern the Democratic Party’s platform, bylaws and convention credentials. That would give progressives more power to influence delegate rules and shift party policy leftward. The New York decision, along with DNC rules that could result in as much as a third of Sanders’ delegates being reallocated, put that strategy in jeopardy.

Chief critic

Some progressives oppose the effort by Sanders supporters to keep fighting. “I understand Sanders’ team wanting to make a statement about the level of support Bernie still has in the party,” Democratic strategist Max Burns told Forbes, “but they can do that by bringing Sanders folks out for Biden, not by fueling some weird meta-primary.” He expressed concern that a protracted primary battle would “distract and divide people internally” instead of focusing all their fire on President Trump.

What to Look Out For

Whether other states follow New York’s lead and cancel their primaries, and how the Sanders campaign reacts. On the day Sanders dropped out, Connecticut Secretary of State Denise Merrill released a statement arguing that the primaries were decided and that “during a public health emergency caused by a global pandemic, it doesn’t make sense to put the health and safety of Connecticut’s voters and poll workers at risk.” Merrill said she hoped the remaining candidates “would recognize that and act accordingly,” although Connecticut Governor Ned Lamont has expressed reluctance to cancel the primary.

But Sanders supporters are evidently not going to take primary cancellations lying down. Shortly after the New York Board of Elections decision, Cohen was quoted by the Washington Post’s Dave Weigel as saying Sanders supporters can now “challenge any delegation New York may send to the convention.”


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