“New York’s Primary may have been unconstitutional.” Even Trump's kids couldn't vote for him.

[pantsonfire]

Last edited Mon May 2, 2016, 04:20 PM - Edit history (3)

Edit: The First lawsuit filed by Mark Moody was ruled on today (picture below), tomorrow the lawsuit filed by Election Justice USA, regarding counting provisional ballots, will be heard.

There are two pending New York Primary lawsuits, one to be ruled upon today and the other filed by Election Justice USA will be heard tomorrow. Today’s lawsuit filed by Mark Moody challenges the legality of the NY Primary, based on alleged violations of various parts of the NY Constitution. The judge suspended his ruling on friday to have the weekend to think it over.

Mark Moody’s beginning statements in his lawsuit,

“‘No member of this state shall be disenfranchised’ is the very first line of the Constitution of the State of New York. Together with approximately three million other New Yorkers, I was disenfranchised on Tuesday April 19, 2016, as were presidential candidate Donald J. Trump’s children Ivanka and Eric. That disenfranchisement occurred because New York voters were arbitrarily and nonsensically required to choose party affiliation on or before October 9, 2015 – six months and ten days in advance of the primary election; at a time when the vast majority of the media and punditocracy did not believe that Bernie Sanders or Mr. Trump had a chance of becoming their party’s nominee. That date (October 9, 2015) strikes hard at our State Constitutional guarantee.”

Mark Moody’s hope is that the primary is entirely thrown out and that New York gets the chance for an open primary as there is considerable evidence: mass unknown voter party affiliation changes, possible election rigging, and widespread voter purges.

Moody’s case is 1 of 2 notable cases surrounding the New York primary, on Tuesday May 3rd (tomorrow) the Election Justice USA [link:heavy.com/news/2016/04/new-york-election-fraud-lawsuit-results-voter-purge-hearing-open-primary-election-justice-usa/|lawsuit] will be heard in court, based on largely the same evidence, but with a different goal: EJUSA wants all provisional ballots to be counted. If the judge rules in favor of Tuesday’s case it [link:heavy.com/news/2016/04/could-bernie-sanders-get-more-new-york-delegates-mark-moody-election-justice-usa-ny-primary-lawsuit/|could have an impact] on the results of the NY Primary election. This widespread voter suppression has become systemic in both parties. In Arizona it was so extremely overt it has even garnered its own wikipedia page.

New York voters who were falsely told they could not vote or were simply turned away, do not have to rely on these two cases to have their votes counted. They can get a court order today from a judge who is on call. From a Heavy.com [link:heavy.com/news/2016/04/what-to-do-if-cant-vote-new-york-primary-democrat-court-order-provisional-affidavit/|article] written by Stephanie Dube Dwilson you can, “Get a court order today from a judge who’s on call… New York knows there are going to be a lot of voters with a lot of problems. If you didn’t miss any deadlines or you were able to vote in the last primary and you’re still being told that you can’t vote, you can seek to get a court order to allow you to vote in the primary. This isn’t as difficult as you may think, because New York has a system set up for this process today...

The Board of Elections has judges on call in each of the boroughs to help with voters who aren’t allowed to vote. You’ll need to see a judge in your region[link:gothamist.com/2016/04/18/primary_voting_guide_2016.php|According to Gothamist], the list of available judges on call, and their hours, are:

The Bronx
Bronx County Board of Elections
1780 Grand Concourse
7 a.m. to 9 p.m.

Brooklyn
Kings County Board of Elections
345 Adams Street
Fourth Floor
7 a.m. to 9 p.m.

Lower Manhattan
New York County Board of Elections
200 Varick Street
7 a.m. to 9 p.m.

Harlem
State Office Building
163 West 125th Street
Eighth Floor
9 a.m. to 9 p.m.

Queens
Queens County Board of Elections
126-06 Queens Boulevard
7 a.m. to 9 p.m.

Staten Island
Richmond County Board of Elections
1 Edgewater Plaza
6 a.m. to 9 p.m.

Gothamist recommends bringing documentation with you about your voter registration history, if you have it. You’ll state your case to the judge and if he rules in your favor, he will give you paperwork that you can take back to the poll site. This paperwork will allow you to vote.

People are already reporting success with the court orders helping them vote..."

This begs a question for us as citizens in our nation: Can political parties which are entwined so tightly with every layer of the voting process truly be considered private? Does their private status exempt them from constitutional laws? Further clouding the issue is the lack of transparency in the system with laws and regulations on party affiliation and primary voting varying state by state. A number of states enforce regulation that makes political parties a semi-public arm of the government, while other states privatize our political system.

If the judges consider the political parties in New York a more public element then private. That would mean New York’s constitution applies and the injunction moves forwards. Then perhaps we will get a proper open primary. Where everyone would be able to vote for who they wanted to. Where registration could happen at the polling station. The parties might still create issues like understaffing or stacking certain stations with workers heavily favoring a certain candidate; that will mostly amount to passive aggressiveness at best. Which as New Yorker’s, will just be shrugged off. If the judge decides that the parties are not bound by the same laws as the government then the results stand. With all issues and controversies unresolved. Not in anyone's interest except the people who have allowed voter suppression to flourish in this country.

These cases are high profile. If New York rules in favor of its people then this will send a clear message of change across the nation. That the parties are public and for the people. It is our hope that with a favorable ruling that other states will follow suite. This would allow for a much more open and transparent process across the nation and will be a big blow to those who want to suppress certain voting blocs in our nation.

If you or anyone that you know needs information or wants to report voter suppression below is a list of resources and contacts for New York:

New York:
Cesar Perales, Secretary of State
Government Website
Contact Page
Email: [e-mail] or [e-mail]
(Enforcement Counsel, NY BOE Risa S. Sugarman) or
800-367-8683 or 518-473-5086
Facebook and here
Twitter and here

Edit:

[CrowCityDem]

1. Not registering is not being disenfranchised. It's being ignorant of your responsibilities.

[NWCorona]

5. While I would agree

Having such an extreme deadline puts a limitation on voters choice in candidates.

[randome]

13. There is a reason for the deadline. You may not agree with it but it's at least arguable.

[hr][font color="blue"][center]"There is a crack in everything. That's how the light gets in."
Leonard Cohen, Anthem (1992)[/center][/font][hr]

[TheBlackAdder]

39. Primaries should be closed, but party declaration should be right up to the casting of a vote.

.


How better to attract people into the party?

It doesn't leave a bitter taste with undeclared/Indys wanting to switch affiliations.


.

[pnwmom]

2. So it's 3:30 in NY now. What was today's ruling?

[pantsonfire]

11. Still waiting to hear the ruling....n/t

[pnwmom]

15. The judge ruled against the Temporary Restraining Order more than an hour ago.

https://twitter.com/JordanChariton?lang=en

“This Court finds that, given what an uphill battle he faces, he is not entitled to stop gears that are already in motion, and have been for quite some time.

“Order to Show Cause signed; application for Temporary Restraining Order denied.”

[pantsonfire]

21. Added a photo of the ruling as an edit at the end of the OP...n/t

[NWCorona]

3. I took extreme (guilty) pleasure in the fact that they couldn't vote for Trump nt

[NobodyHere]

4. There is no right to vote in a party's primary.

If someone was purged from the voting lists w/o a good legal reason then that's another matter.

[FSogol]

6. LOL, transparently carrying Trump's water.

[Tarc]

7. Voting for a party's nominee is not a right, so that first one is dead on arrival

[pantsonfire]

22. Because parties are private not public? n/t

[Agnosticsherbet]

8. Trumps children who refused to register on time were irresponsible not disenfranchised.

[KingFlorez]

9. This is an incredibly stupid lawsuit

Political parties don't have to even put their nominations on the ballot because they are private entities, they just choose to put them on the ballot to make the process more open. It's constitutional for private entities to make their own rules.

[pantsonfire]

12. What about the second lawsuit? n/t

[pnwmom]

10. Why are you posting this without mentioning the judge denied the temporary restraining order

sought in the lawsuit?

The ruling was issued today.

https://twitter.com/JordanChariton?lang=en

[synergie]

18. The "young" Turks aren't even pretending to have any journalistic integrity, are they?

It's like they miss the Fox "News" plan of being the communications directors for a particular party, and candidate. Nothing factual or evidence based, just a lot of Hillary hating, and lying for Bernie. Too bad their candidate just fails so badly with voters and their group is just so terrible at actually playing at journalism!

[pantsonfire]

23. At least they don't routinely factor in superdelegates in the "official" count...

....when they don't even vote until the convention.

[synergie]

26. so you're saying they are slightly better than the rest of the Bernie media?

And Bernie himself, who insist that Hillary needs to meet a higher number of votes, including SuperD's than Bernie himself, who only needs to somehow hit the 50+1% with only PDs.

Right? Yeah, none of the Bernie media cheerleaders are quite good at math and fairness to the candidate they have no problem lying about or concealing their seething hate. The Turks routinely make pretty bad math mistakes when reporting the official counts.

Your statement is not true and not factual. Either you don't pay attention to what they're saying or you just ignore their errors because that's how the Bernie Blinders work.

They're embarrassing themselves quite a bit, as are the rest of the Bernie media, like HAHAGoodman, and Seth Abrahmson, who ALSO suck at math and truth telling. It's amusing how so many supposedly former CONS are so very Pro-Bernie. Trump and the Kochs are cheering him on as well.

[pantsonfire]

28. What's the Bernie Media? Who are these people?

"Your statement is not true and not factual." What that super's don't vote until the convention? What are you really trying to say?

[mythology]

32. Neither do the pledged delegates

But there isn't a viable argument for why the super delegates would flip given the overwhelming lead Clinton has in the pledged delegates.

[synergie]

14. Um, none of this affects the outcome, or applies to Indies who didn't bother

to change their registration in time to vote in the primary of a party they were not a member of. Trump's kids messed up and so did Bernie's.

[fun n serious]

16. I find it curious that you are not complaining about Caucasus. nt

[pnwmom]

19. They only complain about the caucuses Bernie didn't do as well in -- NV and Iowa. nt

[synergie]

20. Almost like they don't care about voter disenfranchisement when it's in favor of their

candidate! They're on board with overturning the will of the voters when that will was clearly AGAINST their candidate. They were plotting and pulling some interesting things in the two they lost. Whenever the people vote for Hillary, there must be cheating. Like when NYDN asked Bernie simple questions that the protective media had not bothered to before, it was a plot and an INQUISITION, how DARE they expect The Anointed One to have details or understanding of the issue, his only issue! How unfair! And all those times Bernie, his campaign staff and Jane have been blanketing the media, why it was a blackout!

[fun n serious]

25. Their hypocrisy is disgusting.

Voter suppression is OK if Sanders wins.

[pantsonfire]

27. NO no no....I tried to bring up voter suppression in other states...

Has this been a main topic in the Clinton camp? I think not. I tried to bring up the alleged voter suppression in Utah (Bernie won there) and it was deleted by the Hillary Clinton Group. I haven't seen any posts about voter suppression in states where she has won, that seriously discuss the issue, most of the sentiment seems to be like yours. Ohhhh it's just the Sander's voters crying wolf, guess what, it's not.

[fun n serious]

31. NY IS...

Rules are rules. You can't cry foul after the game has been played.

[synergie]

33. The lack of awareness of it is disturbing. Cognitive dissonance at play.

This is how the Tea Party got started, no one questioned the contradictory views they held and just let them rage on. It's a lesson in what NOT to do.

[fun n serious]

34. Yep. I say PULL the bargaining power away.

They, themselves say they will not be swayed.

[synergie]

35. What would he even be bargaining for? Her policies are more progressive and

actually fleshed out, his are vague gestures and words with no policy details to back them up. He's got nothing and it would seem that he knows it, thus the flip flopping and the Trump like need to create havoc at a "contested convention" when he's losing badly in the popular vote, the pledged delegates (even with the dirty politics he's been playing on that front) and the SuperD's and the even more dirty politics of harassment and abuse he's sinking to with them.

[fun n serious]

38. Whatever it is he thinks he has.

In my opinion he is a Karl Rove plant and a fraud.

[brooklynite]

17. This is embarassing...

Your constitutional rights apply to your right to vote for CANDIDATES running for elected office. They do NOT apply to the process by which a candidate is nominated by his or her Party. You are welcome to say that a Primary election sponsored by the State Government should be open to all, and you are welcome to say that you were injured by being forced to pay (through taxes) for an election you were not allowed to participate in. You are NOT welcome to claim that this is "unconstitutional".

[pantsonfire]

24. It's based on the NY Constitution and he is welcome...

....you're not the master of what is welcome and not, or are you?

[synergie]

36. Actually the judge who rejected this is, and it's a FAIL.

[Buzz Clik]

29. LOL! Trump's kids weren't registered. And hadn't been registered. Give it a rest.

[pantsonfire]

30. They were/are registered Democrats....n/t

[randome]

37. So you'll believe anything a Trump says? Figures.

[hr][font color="blue"][center]"There is a crack in everything. That's how the light gets in."
Leonard Cohen, Anthem (1992)[/center][/font][hr]