NY prez primary affirmed

A state appeals court has upheld a judge’s ruling that New York must hold a Democratic presidential primary on June 23 — even though former Vice President Joe Biden is the only candidate actively seeking the nomination amid the coronavirus pandemic.

The state Board of Elections had previously voted to cancel the presidential primary, arguing it’s especially unnecessary during a pandemic because Biden is the only active candidate in the race after Bernie Sanders suspended his campaign and endorsed the former vice president.

But the US Court of Appeals for the Second Circuit on Tuesday upheld the May 5 decision by federal District Judge Analisa Torres, who ordered New York Democrats to reinstate the presidential primary election after onetime candidate Andrew Yang challenged its cancellation.

She ruled that the state board’s decision to cancel the vote was unconstitutional and that all qualified candidates as of April 26 must be on the ballot.

The elections board appealed the ruling with the backing of the state Democratic Party, largely influenced by Gov. Cuomo, a Biden ally.

The three-judge appeals panel rejected the appeal.

“After reviewing the record, we affirm the order granting the application for a preliminary injunction for substantially the reasons given by the District Court in its thorough May 5, 2020 Opinion and Order,” said the ruling signed by Circuit Judges Amalya Kearse, Dennis Jacobs and Jose Cabranes.

“We have reviewed all of the remaining arguments raised by Defendants on appeal and find them to be without merit.”

Sanders and his supporters argued that a New York primary should be held because votes and delegates he accumulates can be used as leverage.