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Federal Court in New York Removes Kryzan from Ballot

from Ballot Access News

Late on Friday, October 31, U.S. District Judge Richard Arcara, a Reagan appointee, removed Alice Kryzan from the November ballot as the Working Families Party nominee and restored Jonathan Powers as the party’s nominee. A state court earlier in the day had put Kryzan on the ballot and taken Powers off. The issue is whether the original Working Families Party nominee, Powers, is ineligible to serve in Congress based on his residence. Powers had won the party’s primary in September.

Powers doesn’t want to be the party’s nominee any longer, and moved out of New York state, claiming that he therefore did not meet the constitutional qualifications to be a member of Congress from New York state. If he is still eligible, he is stuck on the ballot. Article I says members of Congress must live in the state they seek to represent “when elected.”

It is somewhat astonishing that New York still doesn’t have its ballot in place for the November 4 election, in the 26th U.S. House district. It is likely the 2nd circuit will be involved on Monday, November 3.

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