NYC Open Primaries Fight Heads To Court

NEW YORK, NY— A charter revision commission created by former Mayor Eric Adams is asking a court to restore its proposal to open New York City's primary elections to the November ballot, arguing that Mayor Zohran Mamdani unlawfully dismantled the panel after it approved the measure.

The lawsuit, filed Tuesday in Richmond County Supreme Court, names Gov. Kathy Hochul, Mamdani, the New York City Board of Elections and the city clerk as defendants.

It challenges a state budget provision that gave the mayor authority to dissolve the commission and seeks an expedited ruling to keep the proposal alive for this fall's election.

The commission does not stand alone.

Republican City Council Member Vickie Paladino, former Gov. David Paterson and Staten Island Borough President Vito Fossella joined the lawsuit as plaintiffs.

The legal challenge follows Mamdani's decision last month to disband the commission under a provision lawmakers added to the state budget. The commission argues the provision was crafted specifically to eliminate the panel after it advanced its open primaries proposal.

"New York City voters have the right to decide what kind of local election system they want," former First Deputy Mayor Randy Mastro, who represents the commission and the other plaintiffs pro bono, wrote in a statement to City and State.

The lawsuit argues the Legislature lacked the authority to enact the provision without formal approval from the mayor and the City Council because it amounted to a special law affecting only New York City government.

It also contends the measure reduced local government authority and therefore required passage during two separate calendar years before taking effect.

The filing also argues Mamdani could not remove commissioners after they had been appointed, saying the action deprived members of the opportunity to complete their terms and prevented voters from considering the commission's proposal.

The commission approved the open primaries measure unanimously during a hastily scheduled meeting after lawmakers approved the budget provision.

Members acted amid concerns that the mayor would move quickly to dissolve the panel.

Mamdani signed the measure ending the commission later that evening, before the group's meeting concluded, according to the lawsuit.

"The City is prepared to defend the state law authorizing the termination of the commission," Dora Pekec, a spokesperson for the mayor, wrote in a statement.

A spokesperson for Hochul did not respond to a request from City and State for comment before publication.

Adams created the charter revision commission before leaving office, but Mamdani never embraced the panel, whose members included several Adams allies.

The commission continued meeting after Mamdani took office and released a report outlining several potential ballot proposals, including open primaries and measures addressing antisemitism, hate crimes and protests near houses of worship.

Whether the lawsuit can move quickly enough remains uncertain.

Election deadlines could leave little time for a court to order the proposal onto the November ballot even if the plaintiffs prevail.

The legal fight unfolds as Mamdani pursues his own charter revision commission.

Less than 24 hours after dissolving the Adams-appointed panel, he announced a new commission focused on government efficiency.

That commission has begun holding public hearings, where speakers have also urged members to consider open primaries.