As the
New York Times’s Lisa W. Foderaro pointed out, the thinking here would be for WFP to nominate Crowley for a seat that he’d have little-to-no chance of winning, “like a county clerkship in a region of the state dominated by the other party.” Some positions don’t have residency requirements, and a lawyer for the Working Families Party says it should be easy for Crowley to do this.
“I respect Congressman Crowley’s concerns, but there are common, straightforward and legal ways to remove candidates from the ballot in cases like this,” said WFP counsel Alex Rabb in a statement. “There are offices around the state for which the Congressmember could be nominated.
The New York State Court of Appeals has found that it is standard for parties to substitute candidates after a primary election, and that the practice does not violate the letter or the spirit of the law.”
Sometimes, candidates do vacate the line, Goldfeder said.
“And sometimes, like Joe Crowley, they say, ‘that would be a fraud on the voters and I’m not going to do that, so relax,’” the elections lawyer added.