Senate Candidate Credico Sues NYBOE: Court Date Set Oct. 19

Arguments in the case of Randy Credico et al v. New York State Board of Elections, will be heard on October 19 at 3:00 pm in United States District Court, Eastern New York Division, Courtroom 10A S, Chief Judge Raymond Dearie presiding.

Credico was nominated by the Libertarian Party and the Anti-Prohibition Party for the U.S. Senate (6-year term). Together with the other statewide candidates of those bodies, he collected approximately 34,000 signatures on Libertarian Party ballot access petitions and approximately 27,000 signatures on Anti-Prohibition Party ballot access petitions, more than twice the number required by New York State law.

Under New York State Law the Libertarian Party and the Anti-Prohibition Party are Independent Nominating Bodies. Recognized Parties are those that received at least 50,000 votes for their candidate for Governor in the previous election.

New York State Election Law 7-104(4)(e) limits a candidate who receives nominations from two or more Independent Nominating Bodies to one ballot position. Recognized party candidates’ names appear once for each party that has nominated them. The name of Credico’s opponent, Charles Schumer, will appear under the Democrat Party, Independence Party and Working Families Party.

Credico’s attorney, Gary Donoyan will argue that 7-104(4)(e) violates the plaintiff’s First and Fourteenth Amendment rights while subsidizing the recognized parties’ exercise of those same rights. In addition Donoyan will argue that the requested relief creates no additional burden on state election officials and in fact reduces their burden by making the ballot easier to design.

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