The lawsuit, filed on Monday, argues that Yang should be kept on the ballot as he has met all the requirements and did not ask to be removed.
Yang and seven other New Yorkers who filed to serve the former candidate as delegates to the Democratic National Convention are the plaintiffs of the suit.
Yang's removal"denies voters due process and denies voters the right to vote, and therefore must be invalidated removing the authority for the Defendant to take the actions complained of herein," they wrote in the suit, first reported by Politico. The lawsuit comes after the New York State Board of Elections became the first state to cancel its primary to mitigate the spread of coronavirus amid the pandemic. Douglas Kellner, one of the Democratic commissioners on the board, told CNN that the move came after Senator Bernie Sanders suspended his bid for the presidency, which left former Vice President Joe Biden as the presumptive Democratic nominee.
Yang criticized New York's presidential primary cancelation in the lawsuit. It would be"suppressing voter turnout as voters will have less incentive to vote if they cannot cast a vote for the highest office in the land, and thereby negatively impact challenger candidates," he wrote.This is a developing story and will be updated as more information becomes available.
Democratic presidential candidate Andrew Yang speaks to reporters in the spin room after the Democratic presidential primary debate at St. Anselm College on February 07, 2020 in Manchester, New Hampshire.
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