RESOLUTION TO THE DNC TO (1) REJECT NEW YORK STATE DELEGATION AT THE DEMOCRATIC NATIONAL CONVENTION AND (2) SUPPORT THE YANG LAWSUIT TO REINSTATE THE NEW YORK STATE PRESIDENTIAL PRIMARY

Approved May 7, 2020

WHEREAS, on April 27, 2020, the Democratic representatives of the New York State Board of Electors (NYSBOE) canceled New York State’s Democratic Party presidential primary, without request by either the Democratic National Committee, the New York State Democratic Party, or the Joseph Biden presidential campaign, and over the expressed objections of the Senator Bernie Sanders presidential campaign;

WHEREAS, the NYSBOE canceled the Democratic Party presidential primary upon the authority of a law passed in April 2020, and signed by Governor Andrew Cuomo (a Democrat), that, for the first time, allowed the NYSBOE to cancel a presidential primary;

WHEREAS, the NYSBOE’s decision to cancel New York State’s presidential primary is a denial of the right of Democratic Party members to vote in the State’s presidential primary;

WHEREAS, the NYSBOE stated it canceled the presidential primary election because of the coronavirus crisis, yet is allowing elections to proceed on June 23, 2020, as previously planned with respect to every other office position, including Congressional district races, and State and local office positions, and in addition, New York State Governor Andrew Cuomo had issued an executive order requiring all eligible voters in the State be automatically sent absentee ballot applications, thereby ensuring voter safety during the pandemic;

WHEREAS, the Bernie Sanders presidential campaign, at the time it suspended its campaign and thereafter, expressly and consistently stated its intention to remain on all remaining primary and caucus ballots in order to gather delegates for the convention to influence and propose platform planks concerning important public policies, and to influence and propose rules by which the Democratic Party is to govern itself;

WHEREAS, the cancellation of the Democratic Party presidential primaries deprives Sanders of 184 certified potential delegates pledged to Sanders who qualified for the ballot by arduously collecting 65,000 signatures across the state;

WHEREAS, Joe Biden has stated he is concerned President Trump will use the current pandemic crisis to not hold presidential elections in November 2020, yet did not voice any objection to the NYSBOE’s decision to cancel the New York presidential primary;

WHEREAS, the Democratic National Committee Delegate Selection Rules, Rule 2(J), states in part that “(w)hen employing government-run voting systems, it is important for State Parties to resist attempts at voter suppression, disenfranchisement, and ensure an open and inclusive process”;

WHEREAS, in contravention to the Democratic National Committee Delegate Selection Rule 2(J), New York State’s Democratic Party did not resist or register any opposition before the NYSBOE acted to cancel the State Democratic Party presidential primary, despite knowing of the NYSBOE’s intent to cancel New York State’s Democratic presidential primary, and did not challenge the NYSBOE decision after the decision was rendered;

WHEREAS, the Democratic National Committee is on record for opposing voter suppression in the primary process, as its Delegate Selection  Rule 2(C) states in part, “State parties shall take all feasible steps to encourage non-affiliated and new voters to register or enroll, to provide simple procedures through which they may do so and to eliminate excessively long waiting periods for voters wishing to register or to change their party enrollment status”;

WHEREAS, the Democratic National Committee Delegate Selection Rules, Rule 21, allows for sanctioning of a State delegation, which includes allowing for rejection of the entire delegation;

WHEREAS, the Bernie Sanders campaign has issued a press release, dated April 27, 2020, stating in part that “New York has clearly violated its approved delegate selection plan.  If this is not remedied, New York should lose all its delegates to the 2020 Democratic National Convention and there should be a broader review by the Democratic Party of New York’s checkered pattern of voter disenfranchisement;”

WHEREAS, Andrew Yang and other New York resident-citizens, and later joined by resident-citizens supporting Bernie Sanders’ presidential campaign, filed suit in the Federal District Court in New York, demanding the NYSBOE decision be overturned as an unconstitutional disenfranchisement of voters’ rights;

WHEREAS, on May 5, 2020, the Federal District Court Judge, Analisa Torres, held the NYSBOE wrongly canceled New York’s presidential primary, and ordered the reinstatement the New York presidential primary;

WHEREAS, the NYSBOE is appealing the decision, and the NY State Democratic Party, NY State Governor Andrew Cuomo, the Biden campaign, and the Democratic National Committee are continuing to not resist, and, are thereby tacitly supporting, the NYSBOE’s effort to cancel New York’s presidential primary, actions which are in violation of Democratic National Committee Delegate Rules 2(C), 2(J), and 21, among potentially other rules;

BE IT RESOLVED as follows:

  1. The Adelante Progressive Caucus of the Democratic Party of New Mexico hereby demands the Democratic National Committee refuse to seat, certify, or allow the participation of the New York State Democratic Party presidential delegates at the 2020 Democratic Party’s National Convention[1];
  1. The Adelante Progressive Caucus of the Democratic Party of New Mexico hereby demands the Democratic National Committee support the decision of New York Federal District Court Judge Analisa Torres to reinstate the Democratic Party presidential primary, through public pronouncements, as well as by joining the case, demanding the same relief as the Yang lawsuit complainants, or filing an amicus brief in support of the Yang

[1] For purposes of this resolution, the term “delegate” means a delegate pledged to a particular candidate, a delegate not pledged to a particular candidate, a “super” delegate, or any other delegate with or without voting power at the 2020 Democratic National Convention.

Dated: May 6, 2020

LINKS:

Democratic National Committee Delegate Selection Rules 2020:

https://democrats.org/wp-content/uploads/2019/01/2020-Delegate-Selection-Rules-12.17.18-FINAL.pdf

Bernie Sanders statement on New York State Board of Elections decision to cancel New York State presidential primary:

https://twitter.com/BernieSanders/status/1254845389355827204/photo/1

awsuit by Andrew Yang and others (Yang is a New York resident) filed against the New York State Board of Elections in the Federal District Court, Southern District of New York:

https://assets.documentcloud.org/documents/6879404/Complaint-Yang-Et-Al-v-NYS-BOE.pdf

News article on Yang’s lawsuit:

https://www.cbsnews.com/news/andrew-yang-sues-new-york-board-of-elections-lawsuit-canceled-primary/

Federal District Court Judge Analisa Torres Order reinstating New York State’s Presidential Primary:

https://www.politico.com/states/f/?id=00000171-e73b-d2fd-a9f5-e73ba1430000

News article on Judge Torres Order from Politico.com:

https://www.politico.com/states/new-york/albany/story/2020/05/05/judge-reinstates-new-yorks-democratic-presidential-primary-1282478

Source for 184 certified Sanders delegates and 65,000 petition signatures:

http://act.rootsaction.org/o/6503/t/0/blastContent.jsp?email_blast_KEY=224811

“Biden says Trump may ‘try to kick back’ November election, which is set by Congress,” USA Today, April 24, 2020:

https://www.usatoday.com/story/news/politics/2020/04/24/joe-biden-says-trump-try-kick-back-election-november/3018352001/

“New York state Dems file appeal to stop presidential primary,” Associated Press, May 5, 2020,

https://apnews.com/822770672ca34011fc98c14ae5f04aea

[1] For purposes of this resolution, the term “delegate” means a delegate pledged to a particular candidate, a delegate not pledged to a particular candidate, a “super” delegate, or any other delegate with or without voting power at the 2020 Democratic National Convention.

 

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