Resource: Yang v. Kellner

Former presidential candidate Andrew Yang and certain pledged delegates sue New York State Board of Elections for canceling the presidential primary. The legal claims are: (1) undue burden on and denial of the right to vote under the 1st and 14th Amendments, (2) denial of procedural due process under the 14th Amendment, (3) denial of procedural due process under New York Constitution Article II, (4) request for declaratory judgment of defendants’ lack of authority to act under 28 U.S.C. 2201, 2202. The Court granted the preliminary injunction, ordering defendants to reinstate onto the Democratic primary ballot those presidential and delegate candidates who were duly qualified as of April 26, 2020 and to hold the primary election on June 23, 2020. The Second Circuit affirmed.