New York election officials announced Wednesday that they will appeal a ruling requiring them to hold the state’s Democratic presidential primary, paving the way for a lengthy court battle over the contentious issue.
The commissioners and co-chairs of the state Board of Elections issued the heads-up in a brief filing in Manhattan Federal Court that said they will bring the case to the U.S. Court of Appeals in hopes of being able to scrap the June 23 primary after all.
The widely expected appeal will likely result in weeks of additional legal wrangling.
Last month, the BOE canceled the primary over public health reasons, saying it would be dangerous to hold it as planned because of the coronavirus pandemic.
But failed Democratic presidential candidate Andrew Yang filed a lawsuit over the cancellation, resulting Manhattan Federal Court Judge Analisa Torres ruling Tuesday that the primary had to be reinstated.
Torres wrote in her ruling that the cancellation was unconstitutional and could set a chilling precedent for future elections.
Moreover, Torres said the state has already taken public health precautions, including allowing all New Yorkers to vote by mail.