Court Of Appeals To Hear Independence Party Case

Key Ruling On Local Control Expected
November 30, 2007

New York, NY—The Court of Appeals has agreed to hear a case in the ongoing fight between the New York City organizations of the Independence Party and state party Chairman Frank MacKay over who will have the right to determine candidates for the party. This latest turn of events halts MacKay’s drive to wrest control of the local party from its duly-elected leadership.

The current controversy began in June when the state party adopted a rule giving itself decision-making authority over candidate selection in New York City, overriding the mechanisms of local control guaranteed by state election law. City-based county leaders immediately took the state party to court, where Supreme Court Judge Joseph Levine vacated the MacKay rules. In September, the state party appealed Judge Levine’s ruling to the Appellate Division, which issued a decision upholding the New York City IP organizations’ control of the nomination process for citywide elections, but granted the state party and state Chairman Frank MacKay control over local races.

In response, attorneys for the duly-elected New York City county organizations applied to the Court of Appeals, the state’s highest court, for permission to appeal. Under New York procedure, the right to an appeal is not automatic. They contended that the Appellate Division ruling could cause “fragmentation of New York City’s municipal government” and was in conflict with the home rule provisions of the New York State constitution. On Wednesday, November 28th, the Court of Appeals granted the attorneys’ request.

Harry Kresky, attorney for the plaintiffs stated, “We welcome review of these important issues by the State of New York’s highest court, and hope the rights of New York City voters to control their political destiny will be fully restored.” Michael A. Hardy, counsel to the National Action Network*, and Mark A. Picard of Heller Ehrman LLP join Kresky as co-counsels for the city organizations on the appeal.

*For identification purposes only.

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