[EL] Check out N.Y. Lawmakers Charged in Plot to Buy Spot on Mayoral B...

[Goldfeder, Jerry H.]

And that is also true.  See?  The issue is not clear-cut.  It is, at heart, a political choice made by the states, not a legal issue.  See, e.g., Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997).

Jerry H. Goldfeder
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038
212-806-5857
917-680-3132
jgoldfeder at stroock.com<mailto:jgoldfeder at stroock.com>
www.stroock.com/goldfeder<http://www.stroock.com/goldfeder>


From: John Tanner [mailto:john.k.tanner at gmail.com]
Sent: Thursday, April 04, 2013 9:16 AM
To: Goldfeder, Jerry H.
Cc: richardwinger at yahoo.com; Election law list
Subject: Re: [EL] Check out N.Y. Lawmakers Charged in Plot to Buy Spot on Mayoral B...

It is more likely that absent fusion voting, voters would have abandoned the liberal and conservative parties.  As one example, a 1976 law banning fusion voting in Alabama led directly to the demise of the Alabama Freedom Democratic Party: the national and state Democratic nominees could no longer be on their ticket

On Thu, Apr 4, 2013 at 8:59 AM, Goldfeder, Jerry H. <jgoldfeder at stroock.com<mailto:jgoldfeder at stroock.com>> wrote:
While Richard makes an excellent point, there is the positive side to fusion voting in New York:  without it, John Kennedy would not have carried New York in 1960, for example.

Jerry H. Goldfeder
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038
212-806-5857<tel:212-806-5857>
917-680-3132<tel:917-680-3132>
jgoldfeder at stroock.com<mailto:jgoldfeder at stroock.com>
www.stroock.com/goldfeder<http://www.stroock.com/goldfeder>


From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>] On Behalf Of Richard Winger
Sent: Wednesday, April 03, 2013 7:25 PM
To: Trevor Potter; Ben Adler
Cc: JBoppjr at aol.com<mailto:JBoppjr at aol.com>; Kevin.Greenberg at flastergreenberg.com<mailto:Kevin.Greenberg at flastergreenberg.com>; Election law list
Subject: Re: [EL] Check out N.Y. Lawmakers Charged in Plot to Buy Spot onMayoral B...

I haven't read all the e-mails in this thread, so perhaps I missed something, but as far as I know, no one in this discussion has criticized the New York election law called Wilson-Pakula, and that law ought to be criticized, because it is the real cause of this scandal.

When a state like New York permits fusion, then that state ought to let any candidate run in any party's primary, without the need for the candidate to beg permission from a handful of party officials.  The only reason the Wilson-Pakula law of 1947 was passed, as many other news sources have noted, was that Congressman Vito Marcantonio could not be defeated for Congress without the ability to keep him out of the Democratic and Republican primaries.  And even after the law went into effect in 1948 and kept him out of those primaries, he still got re-elected in November solely on the American Party line.  It is time to repeal the law.  Repealing the law would also decrease the tiny handful of people in New York state who control the Independence Party nominations process.

Richard Winger
415-922-9779<tel:415-922-9779>
PO Box 470296, San Francisco Ca 94147



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