Democrats from the New York State Board of Elections filed an appeal of a federal judge’s Tuesday ruling that ordered the state’s primary to go on after being cancelled, the Associated Press reported Thursday.
Board Commissioner Andrew Spano was joined by other members in trying to stop the election, which is set to take place June 23 after being cancelled due to coronavirus-related concerns, according to the Associated Press.
The decision to appeal the election’s reinstatement comes a day after U.S. District Judge Analisa Torres in Manhattan ruled that canceling the election would be unconstitutional.
The board stripped Independent Vermont Sen. Bernie Sanders‘ name from the ballot after he dropped out, effectively cancelling the primary and making former Vice President Joe Biden the winner. (RELATED: Federal Judge Rules New York Must Hold June Democratic Primary Election)
Torres ruled in favor of former presidential candidate Andrew Yang, who filed a lawsuit against the election board in late April when the board canceled the primary after it had been postponed, arguing the decision deprived millions of the right to vote.
Democratic presidential candidate Andrew Yang take a photo with supporters who are holding campaign signs in front of a polling station on February 11, 2020 in Keene, New Hampshire. (Photo by Justin Sullivan/Getty Images)
Torres ordered the board to go forward with the election after planning how to carry it out safely, and recognized that while coronavirus-related concerns were important state interests, she was unconvinced it justified infringing rights, the Associated Press reported.
Torres also ordered the board to reinstate 10 suspended candidates to the primary ballot.