N.Y. must revive canceled Democratic primary election, judge rules

May 6 (UPI) -- A U.S. district judge has reinstated New York's Democratic presidential primary, saying the state's move to cancel the vote would deny millions a say in the process -- even if Joe Biden is the only candidate left in the race.

Judge Analisa Torres sided with former Democratic hopeful Andrew Yang, who filed the lawsuit after the New York Board of Elections decided to cancel the primary.

Gov. Andrew Cuomo postponed the April 28 primary due to the coronavirus outbreak and the Board of Elections subsequently canceled it altogether, leading Yang to file suit last month arguing that the move sets a dangerous precedent.

"[Plaintiffs] can clearly establish irreparable injury because, without court intervention, the presidential primary will not take place," Torres wrote in the decision late Tuesday. "Along with other New York Democratic voters -- [plaintiffs] will be deprived of the right to cast a vote for an otherwise qualified candidate and the political views expressed by that candidate."

"Canceling one election opens the door for other states -- and the federal government -- to cancel future elections, something we can all agree is wholly un-American," Yang attorney Jeff Kurzon said after the decision. "We are grateful to the court for delivering justice."

The New York Democratic primary will be held June 23.

Board of Elections spokesman John Conklin said the board is reviewing the decision but didn't say for sure whether it will appeal.

Jay Jacobs, the chairman of the New York State Democratic Party, said he favors canceling the primary altogether.

"I supported the decision by the commissioners of the state board of election before this opinion and I support it now," he said.

Vermont Sen. Bernie Sanders, Biden's last remaining opponent in the race, dropped out a month ago and left the former vice president as the party's presumptive nominee. The Democratic National Convention, where Biden will be formally nominated, is presently scheduled for August in Milwaukee. It was postponed for a month due to the coronavirus crisis.