In an opinion yesterday, the Second Circuit affirmed Judge Torres’s decision (covered here), to reinstate the Democratic Primary on June 23.
The Board of Elections argued that the cancellation was necessary to limit the spread of COVID-19, but the Second Circuit concluded that this “justification is overstated for at least two reasons”:
First, Governor Cuomo has authorized every voter in the State to request an absentee ballot and has ordered that absentee ballot applications be mailed to all voters.
. . . .
Second, primaries for other races will be held on June 23 in the vast majority of counties in the State. Approximately, “90% or more of New York’s Democratic Party electorate will be voting in other primaries” on June 23, “ranging from Congressional seats, State Senate and Assembly seats, State Democratic Committee, judgeships, and many other positions.