New York must hold Democratic presidential primary despite coronavirus pause, appeals court rules

The three-judge panel on the Appeals Court wrote that it was reinstating the primary “for substantially the same reasons” as the lower court.(Alexander F. Yuan/AP)

The coronavirus pandemic cannot stop New York’s Democratic presidential primary, an appeals court ruled Tuesday, affirming an order reinstating the election on June 23.

The 2nd Circuit Court of Appeals said it would detail its legal reasoning in a decision to be released soon.

A lower court ruled on May 5 that the Board of Elections’ decision to cancel the primary due to the outbreak wrongly stripped Democratic New Yorkers of their right to elect delegates and influence policy at the party convention.

The three-judge panel on the Appeals Court wrote that it was reinstating the primary “for substantially the same reasons” as the lower court.

The legal challenge was brought by Andrew Yang, who dropped out of the Democratic presidential race in February.

He argued that even though Joe Biden is the party’s presumptive presidential nominee, the cancellation of the primary was a violation of the constitutional rights of since-dropped out candidates, including Bernie Sanders, to participate in the political process by collecting delegates.

“Thrilled that democracy has prevailed for the voters of New York!” Yang tweeted.