Ballot Access News – U.S. District Court Upholds New York Petition Requirement, and Definition of a Qualified Party, in Error-Filled Decision

On December 22, U.S. District Court John G. Koeltl, a Clinton appointee, upheld the New York statewide petition requirement for independent candidates and the nominees of unqualified parties. He also upheld the new definition of a political party, a group that polled 2% of the vote every two years for the office at the top of the ballot (Governor in midterm years, and president in presidential years). SAM Party of New York v Kosinski, s.d., 1:20cv-323. Here is the 37-page opinion.
Judge Koetl issued the opinion less than 24 hours after the oral argument. His opinion has serious factual errors. Page 23 says New York requires the seventh highest number of signatures, when actually New York has…

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