NY third parties seek Supreme Court reversal of ‘impossible’ 2024 ballot access rules.

The Supreme Court Considers Petition to Challenge New York’s Ballot Restrictions

A petition from third-party political groups in New York is seeking the attention of the Supreme Court, claiming that the state’s ballot restrictions unfairly favor the Democratic and Republican parties. These groups argue that the current rules limit the electoral playing field and violate their First and Fourteenth Amendment rights.

On June 30, the New York State Board of Elections responded to the petition filed by the Libertarian Party of New York and the Green Party of New York. The board opposed the challenge, stating that the thresholds for independent minor political parties to gain and retain access to the ballot are not unconstitutional. According to the board, a political organization must obtain more than 2% of the votes cast or 130,000 votes in a single, top-of-the-ticket race every two years to be recognized as a party in the state.

The board’s attorneys argued that these measures align with the Supreme Court’s Anderson-Burdick test, which allows for judicial scrutiny of voting rules. However, the third-party organizations’ legal counsel, Oliver Hall, believes that this case provides an opportunity for the court to clarify or replace the Anderson-Burdick framework.

Challenging Ballot Access Requirements

In their petition to the Supreme Court, the third-party groups argue that the constitutionality of ballot access requirements should be reconsidered. They claim that it is nearly impossible for any party other than the two major parties to secure ballot positions for their candidates. Richard Winger, editor of Ballot Access News, supports this argument, stating that New York has one of the highest petition thresholds in the nation and an early petition deadline for presidential candidates.

The changes to New York’s election law in 2020 also require a ballot-qualified party to run a presidential nominee, which some parties may not want to do. Brian Ginsberg, representing the New York State Board of Elections, defends the requirement, stating that it ensures political organizations have consistent voter support.

The challengers lost their bid to overturn the ballot access rules at the federal district and appeals court level, leading them to petition the Supreme Court for review.

Potential Impact and Supreme Court Decision

The effects of the rule changes were evident in the 2022 general election, where New Yorkers had only two choices for governor. The Green and Libertarian parties argue that former Governor Cuomo intended to eliminate all but the parties he considered “legitimate.”

The Supreme Court has the opportunity to address this issue in the upcoming term. With several cases already on the docket, it remains to be seen whether they will agree to grant the case LBNY v. NYSBE. A decision is expected in the fall.

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