from New York LP chair Mark Axinn
Libertarian Party Candidate Files Lawsuit against NYS Board of Elections for Failure to Count Votes
Warren Redlich, the Libertarian Party’s candidate for Governor of New York in the 2010 election, today filed a lawsuit in Albany County Supreme Court against the New York State Board of Elections, directing the state agency to cease ignoring votes cast for the Libertarian Party.
This legal action affects all third party candidates running for office in New York, as it charges the Board of Elections with discrimination against independent candidates and voters in the manipulation of third party vote count returns.
Redlich asserts that the Board of Elections’ method of counting votes in New York ignores votes made for third party candidates by forcing multiple third party candidates onto the same ballot line, confusing the voters’ choice of candidate and illegally invalidating votes cast for the Libertarian Party.
Additionally Redlich asserts the Board of Elections violate the law by its practice of ignoring proxy votes cast by absentee voters, thus illegally rejecting votes made for the Libertarian Party by absentee voters.
Although not claiming enough votes to have won the gubernatorial election, Redlich’s lawsuit asserts that the Libertarian Party of New York obtained 50,000 votes, qualifying it for Party status under New York State law. Without justification, the Board of Election violated federal and state law by rejecting votes made for the Libertarian Party by the voters of New York once a major party candidate had been certified as winning the election.
New York Libertarian Party Chair Mark Axinn stated, "Only by requiring the Board of Elections to count every vote cast for every candidate can independent voters have their voice heard on Election Day."
The case is scheduled to be heard on April 8.
