Advocacy Group Challenges NYC Over Rejected Open Primary Ballot Initiative

A nonpartisan advocacy group, Unite NY, has initiated legal action against the New York City Clerk and the Board of Elections following the rejection of its petition to place an open primary initiative on the ballot. The group, which advocates for election reform, is seeking a judicial review of the signatures submitted to support the measure.

Unite NY’s proposal seeks to replace the city’s current closed primary system—which restricts participation to voters registered with a specific party—with a nonpartisan preliminary election. Under their plan, all registered voters could participate, with ranked-choice voting used to determine the top three candidates for the general election.

In a formal notification to City Council Speaker Julie Menin, City Clerk Michael McSweeney stated that the petitions failed to meet the legal requirement of 30,000 valid signatures. While the group claimed to have submitted 42,000 signatures, the city’s review determined that only 14,000 were valid. The clerk’s office cited various disqualifying factors, including signatures from individuals not eligible to vote in the previous general election, as well as technical omissions such as missing names, addresses, or improper witnessing.

Beyond the signature count, the city’s Corporation Counsel argued that the petition was legally deficient for failing to include a mandatory financial plan for the proposed changes. The city further contended that the initiative exceeded local legislative authority and characterized the proposal as vague and potentially misleading to the electorate.

Anthony Thomas, executive director of Unite NY, criticized the city’s decision, characterizing the rejection as an effort to protect partisan interests at the expense of independent voters. The group has requested that a judge conduct a line-by-line audit of the petitions to verify their validity.

Representatives for the New York City Board of Elections declined to comment on the matter, citing the ongoing litigation. The city clerk’s office did not immediately provide a response to inquiries regarding the lawsuit. Even if the petition had been deemed valid, the proposal likely would have faced hurdles this cycle due to priority given to ballot questions introduced by Mayor Zoh by Mayor Zohran Mamdani’s charter revision commission.