On October 26, at another hearing in Credico v New York State Board of Elections, U.S. District Court Judge Raymond J. Dearie kept his own stay intact. This means Randy Credico will be listed on the ballot only once, even though he is the nominee of two parties, the Libertarian Party and the Anti-Prohibition Party.
Attorneys for the state convincingly argued that it is impossible for all the ballots to be reprinted in time for the November 2 election. Last week Judge Dearie had said that it is highly likely that the state’s discriminatory policy on fusion is unconstitutional. It seems extremely likely he will issue a declaratory judgment in the near future, invalidating the policy that won’t let a candidate nominated by two unqualified parties (each with their own separate line) have his or her name on the ballot in two places, yet does allow this for the nominee of two qualified parties, or even the nominee of one qualified party and one unqualified party.