Press Release: 03/12/2021
Lawsuit against DNC for Equal Vote in the Primary
New York City: The U.S. District Court for the Southern District of New York held the pre-trial conference today at 3:00 p.m. for the case filed against the DNC (CASE # 1:21-cv-00767) on the ground that the existing primary process established by the DNC is unconstitutional.
The pretrial conference was held on today 03/12/2021, at 3:00 p.m. via teleconference.
The pre-trial conference was presided by Judge Liman who opened the session with the following points:
- Ok with the case schedule proposed jointly by the two parties;
- Will make additional order should it be necessary after the motion is disposed of/ruled on;
- Intends to proceed the case with bench trial rather than jury trial;
- Discourages summary judgment and intends to have the opportunity for direct and cross examination with both parties.
The attorney for the Plaintiff addressed to the court:
- The Plaintiff file this case to secure equal opportunity for every voter to participate in the presidential primary process which has consistently given 4 states first-mover status since 2008 by the DNC;
- The Plaintiff wish to have the opportunity for oral argument.
Judge Liman responded “I will take the request for oral argument under advisement.”
The attorney for the Defendant addressed to the Court:
- The Defendant is still working out what the primary process will be for 2024;
- The Defendant has filed the Motion to Dismiss this case;
- The Defendant has the First Amendment right in deciding the primary process.
After each party indicated no further comment at this point, Judge Liman adjourned the session.
The next step is for the Plaintiff to file Objection to the Defendant’s Motion to Dismiss.
Lawsuit Against the DNC for Equal Vote in the Primary
New York City: Demanding equal right/opportunity to vote in the Democratic Party presidential primary for all Americans, Equal Vote America Corp. (EVA) has filed a lawsuit against the Democratic National Committee (DNC) at the U.S. District Court for the Southern District of New York (CASE # 1:21-cv-00767) on the ground that the existing primary process established by the DNC is unconstitutional. The pretrial conference has been scheduled on 03/05/2021, at 2:00 p.m. via teleconference.
Since 1972, Iowa and New Hampshire have always held the first two contests in the Democratic primaries. Starting with the 2016 election cycle, The DNC established that the primaries and caucuses cannot start until February 1; and only Iowa, New Hampshire, South Carolina and Nevada are (hereafter the “Four States”) entitled to February contests.
In granting the Four States (less than 4% of national population) the exclusive first-mover advantage in the primary process, the Defendant has discriminated against voters in all other states, DC and territories (96% of Americans), and often denied millions of registered voters the meaningful opportunity to participate in the 2020 democratic primaries.
Case in point: During the 2020 Democratic Primaries, Biden became the presumptive nominee on April 8 after Sanders, the only other candidate remaining, withdrew from the race. In early June, Biden passed the threshold of 1,991 delegates to win the nomination. New Yorkers never had a chance to participate in the primary process even if its primary was held on April 28 as originally scheduled. As a result, New York State’s taxpayers wasted $millions to hold the meaningless primary on June 23.
Therefore the Defendant has …
- violated the No Preference Clause mandated by Article I, § 9;
- demeaned Plaintiff’s Equal Citizen Privileges guaranteed by Article IV, § 2 and the Fourteenth Amendment § 1;
- debased Plaintiff’s Freedom of Speech guaranteed by the First Amendment;
- infringed Plaintiff’s Equal Protection of Law under the Fourteenth Amendment § 1;
- abridged Plaintiff’s voting right under the Fourteenth Amendment § 2.
Based on the Supreme Court decisions in Gray v. Sanders (1963), Baker v. Carr (1962), Reynolds v. Sims (1963) and Wessberry v. Sanders (1964), Plaintiff respectfully asks the Court to (1) grant an injunction to restrain the Defendant from continuing the existing primary system for future presidential nomination, and to (2) issue a declaratory judgment.
On December 1, 1955, Rosa Parks boarded a bus after work on her way home in Montgomery, Alabama. She sat at the back section designated for the people of color. When the bus driver ordered her to vacate her row for other white passengers who just boarded the bus, Ms. Parks refused, then was arrested and penalized. It is worth noting that the bus system in the South in that era had two sections, the front section designated for a group of passengers, and the back section for another group of passengers.
As a country, we have come a long way to expand voting rights for all Americans regardless of property (14A), race & color (15A), gender (19A), tax-paying status (24A), and age (26A). It is long overdue to recognize and guarantee equal voting rights in any election regardless of residence.
By filing this lawsuit, Plaintiff respectfully appeals to the Court that no voter should be permanently treated as the “back-seat” voters in the democratic electoral process for the president of the United States.
Since over 96% of Americans’ voting right have been violated in this case, we would like to …
- invite all fellow Americans to join our lawsuit by completing the Online Affidavit for Equal Primary;
- encourage every American to urge local party committee to support this lawsuit.
