Andrew Yang on Tuesday filed a suit against the New York State Board of Elections over its cancellation of the June 23 presidential primary.
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The former Democratic presidential candidate in the civil case alleges that the “unprecedented and unwarranted move infringes the rights” of candidates and voters.
Yang, a Manhattan entrepreneur, dropped out of the race in early February.
Several Yang delegate candidates joined him in filing the suit Monday.
“Losing delegates, and losing the right to vote, is quite simply an outrage that is illegal and will cause irreparable harm to Plaintiff and New York voters,” the action reads, charging the state board with violating the rights to vote and to due process.
A spokesman for the state Board of Elections on Tuesday night declined to comment on the suit.
The Democratic elections commissioners decided Monday to cancel the presidential primary and remove from the ballot all candidates who had dropped out. They said the move protects the health of voters and elections workers during the coronavirus crisis.
The resolution effectively made former Vice President Joe Biden the victor of the New York primary. And it angered supporters of Vermont Sen. Bernie Sanders, who had said he wished to remain on the ballot in order to collect delegates.
Like the Sanders campaign, Yang’s suit charges that the cancelation creates a bad precedent potentially allowing President Donald Trump to move the November general election.
The suit by Yang referenced a Sanders campaign statement calling the primary’s cancellation “an outrage, a blow to American democracy.”
Yang and other plaintiffs seek the reinstatement of the primary and damages.
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On Monday, state Board of Elections co-chair Douglas Kellner said Sanders supporters wanted a primary as a “beauty contest” and called holding the race “frivolous” in light of the public health crisis.
The legislative and congressional primaries set for June 23 still will be held. One of the plaintiffs in the Yang case, Jonathan Herzog, is also a candidate for Congress.
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