Your guide to NYC's public proceedings.
TESTIMONY
Testimony by Alexander Rabb, General Counsel for the Working Families Party, on the unconstitutionality of jungle and open primaries in New York
2:28:50
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3 min
Alexander Rabb, General Counsel for the Working Families Party, argues that a "jungle primary" (top-two or top-four) would violate the New York State Constitution by preventing parties from nominating the same candidates on separate party lines (fusion voting) and potentially excluding fusion parties from the general election ballot.
He cites a history of New York Court of Appeals cases upholding the rights of parties to nominate their own candidates and for those nominees to appear under their distinct party lines.
Rabb also contends that opening party primaries to non-party members would violate party members' associational rights under the state constitution.
- He suggests the answer for independent voters is to nominate independent candidates, not to vote in other parties' primaries.
Alexander Rabb
2:28:50
Good evening, commissioners, and thank you for the opportunity to appear on behalf of the Working Families Party, which I serve as general counsel.
2:28:58
I hope to direct your attention to the fact that a jungle primary would violate the New York state constitution by preventing parties from nominating the same candidates to separate party lines in the primary election and excluding fusion parties from having their own lines or even appearing at all in the general election.
2:29:17
Unlike all of the other states with top two or top four elections, under New York's fusion voting system, multiple parties may nominate the same candidates.
2:29:26
These cross endorsed candidates appear multiple times on a general election ballot on each separate line of every party that nominated them.
2:29:33
New Yorkers can vote on the line of the party they feel best represents their interests, knowing that their votes will be tallied together in their candidate's final count.
2:29:42
This system fights polarization by allowing parties with different priorities to form coalitions around the same mutually agreeable candidates.
2:29:50
It allows voters who may not identify with a major party to cast a meaningful vote for a candidate who can actually win as opposed to a protestor spoiler vote for a nonviable candidate.
2:30:00
Now the court of appeals has found repeatedly and unequivocally that the constitution of New York state protects the rights of voters, party members, and political parties to nominate their own candidates and for their nominees to appear separately and under their lines.
2:30:15
As far back as 1911 in matter of Callahan, the court of appeals in a case brought by Citizens Union to protect fusion voting found that restrictions on fusion voting would be as arbitrary as prohibiting a party from nominating redheaded candidates.
2:30:30
The next year in Hopper versus Britt, Court of Appeals went on to strike down a Tammany Hall inspired state law, limiting candidates to only one party line.
2:30:39
In 1973 in Devane versus Toohey, the Court of Appeals reaffirmed that no law may prevent a qualified elector from exercising his constitutional right to vote for a candidate and party of their choice.
2:30:53
And with the words and party, DeVayne suggests that the constitution would prohibit the city from excluding any party that duly designated a candidate from the general election ballot, especially given that the court of appeals has taken steps to remedy technical ballot access failures by ordering a write in primary, ensuring a place on the general election ballot for a party whose members have made the requisite showing of support to designate a candidate.
2:31:18
Now finally, I've been surprised to learn this evening that the commission is considering potentially opening party primaries to non party members.
2:31:26
This proposed change would clearly violate party members' associational rights under the state constitution to choose their own candidates.
2:31:33
I urge the commission to consider that the answer for self identifying independent voters is not to allow them to vote in other parties' primaries, but rather to nominate independent candidates to appear on the general election ballot.
2:31:46
And note that those independent bodies that dominate candidates can become political parties and even as the as a result of litigation fraud
Richard R. Buery Jr.
2:31:55
Thank you so much for your time.
2:31:56
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