For Immediate Release – July 23, 2019
Contact: Shaun Marie 518-356-7882 www.cpnys.org @cpnys
Conservative Party Files Lawsuit to Challenge Commission’s Authority to Change State Law
Brooklyn, NY – The NYS Conservative Party filed a lawsuit on Monday in NYS Supreme Court to prevent the Commission on Public Finance from changing and/or abridging NYS Election Laws as to Fusion Voting. The Conservative Party maintains that this authority rests solely with the NYS Legislature and that the rights of Fusion Voting and cross endorsement are settled law protected by numerous court decisions.
The Conservative Party believes that the Governor cynically aimed to eliminate Fusion Voting in New York State by submitting through the State Budget his creation of a Financing Commission. The Governor and the Legislature overstepped their authority by delegating to this Financing Commission changing or abridging established Election Law and court decisions the Commission has no standing to rewrite.
By permitting the Commission to create laws that interfere with New York’s constitutionally protected right to Fusion Voting, unconstitutionally violates decisions from New York’s highest court as recently as 1973 guaranteeing the rights of Fusion Voting and cross endorsement. Additionally, through legal precedent dating back to the founding of our State, the right to change an enacted law is restricted to the body or higher body that created the law.
Conservative Party State Chairman Jerry Kassar said “I believe this is no more than a power grab by the Governor and Democratic Party to consolidate their control and punish another political party. It is against the interests of hundreds of thousands of New Yorkers who each year choose to vote for cross endorsed candidates on third party lines. “
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