Jim Quinn Courtesy of Quinn’s campaign
STRENGTH, STABILITY
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TIMESLEDGER | QNS.COM | MAY 22-MAY 28, 2020 5
BY ANGÉLICA ACEVEDO
Queens borough president
candidate Jim Quinn is now off
the ballot after a court upheld
Governor Andrew Cuomo’s
executive order to cancel the
special election.
Quinn, the former Queens
Assistant District Attorney
who was running on a law and
order platform, only filed petitions
for the special election
and not the June 23 primary,
leaving him out of the race.
The special election was
originally scheduled for March
24 by Mayor Bill de Blasio, but
was later postponed until June
23 due to COVID-19. Cuomo
then canceled it with an executive
order on Friday, April 24,
in an effort to fight the spread
of COVID-19.
A spokesperson for Quinn
told QNS he is considering his
options on whether or not to
appeal the decision.
“We were disappointed in
the decision, particularly in
light of the fact that the judge
agreed with the merits of our
case that canceling the election
was extreme and unnecessary,”
his spokesperson said.
Quinn said that the outright
cancellation of the election
was an “unnecessary abuse of
power that deprives voters of
their rights,” adding that Cuomo
could’ve just adopted the
absentee voting option that is
already taking place for other
elections on that date.
He related the issue to that
of the Democratic presidential
primary election in June,
which a federal judge ordered
to reinstate following a lawsuit
from former U.S. presidential
candidate Andrew Yang and
his delegates.
But the court gathered that
the two issues differ. In their
decision, the court stated the
special election will serve
only to fill a non-legislative
and non-executive position
for six months and that there
is already an appointed individual
— Acting Queens Borough
President Sharon Lee
— serving in the role until the
general election takes place in
November.
“This is clearly unlike
Yang, where the import of canceling
a presidential primary
election would have excluded
large numbers of delegates
from the 2020 Democratic
Party Convention,” the court
wrote. “Furthermore, this
court cannot ignore the fact
that, as Governor Cuomo’s order
to cancel the election indicates,
by bringing more people
into the polling places on June
23, 2020, there is an enhanced
chance that more people will
contract and spread COVID-
19.” T
he court, which held the
hearing for the case on May 14,
also cited how difficult it would
be for the Board of Elections
to switch course and produce
ballots as well as meet other
requirements prior to the June
23 election.
Additionally, the court
pointed to Quinn’s own decision
not to petition for the primary
and his delay in bringing
the lawsuit as he filed it
several weeks after Cuomo issues
his executive order — and
after Yang won his lawsuit in
reinstating the presidential
primary.
“Granting Quinn’s relief
in light of his own delay results
in hardship … and is well outside
the expeditious measures
set forth in the Election Law,”
the court wrote.
But Quinn wasn’t the only
candidate who filed a lawsuit
against Cuomo — Queens businessman
Dao Yin also filed a
lawsuit shortly after Quinn
on Friday, May 8. But unlike
Quinn, Yin remains on the
ballot.
“We sought to assist Jim
Quinn in his attempt to get
back on the ballot in the special
election, and given that he has
sacrificed so much to run for office,
it is unfortunate that he is
now out of the race,” said Yin.
The court’s decision goes
for both of the lawsuits .
A Board of Elections spokesperson
declined to comment on
the issue and Cuomo’s office
did not respond to a request for
comment.
Read more on QNS.com.
Quinn off the ballot
Court upholds Cuomo’s executive order canceling
Queens borough president special election
SINCE 1859
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