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Election Justice USA tells Independent voters to cast provisional ballots

A polling venue in Tewksbury, Massachusetts clearly marks electioneering boundaries. (Photo Tracey C. O'Neill)

A polling venue in Tewksbury, Massachusetts clearly marks electioneering boundaries. (Photo Tracey C. O’Neill)

New York, NY – The citizen advocacy group, Election Justice USA, after filing a complaint in U.S. District Court against the New York Board of Elections on Monday, encouraged all disenfranchised, unaffiliated and Independent voters to head for the New York Primary polls on Tuesday.

“Our expectations are for a favorable ruling in court tomorrow morning, and that our request for declaratory judgement will allow all eligible but disenfranchised voters to vote and be counted. We want provisional ballots counted as well.” – Shyla Nelson, spokeswoman EJUSA

 In an interview late Monday afternoon, Nelson was confident that the advocacy group and New York voters would prevail in federal court on Tuesday morning, opening the primary up to the more than 63,000 known voters and more, rendered ineligible to vote in Tuesday’s presidential primary by no action of their own.

“We have been overwhelmed by the reports (they’re still coming in) and wanted to do whatever we can to include as many as possible in the lawsuit, so processed them up to the last minute before filing,” Nelson said. “2000 pages were submitted today.”

In Brooklyn alone, 63,558 Democrats have been inexplicably purged from voter rolls.

Relying on established Constitutional and election law, the 25-page complaint and nearly 2000 pages of attachments declared the widespread and ongoing removal of eligible voters from the State of New York’s voter-registration roll or assigned incorrect party affiliations in violation of the National Voter Registration Act of 1993 and contrary to the Fourteenth Amendment of the U.S. Constitution in its guarantee of equal protection.

“As a result, Plaintiffs who are eligible New York voters are likely to be deprived of the right to vote as have the thousands of similarly situated voters who have complained to the Board of Elections (NYBoE) regarding improper voter registration switches and purges,” read the complaint.

According to, 43 percent of Americans identify as politically independent.

“We are encouraging all independent and disenfranchised voters to VOTE tomorrow by provisional ballot,” Nelson said. “They should tell poll workers that there is a motion pending in Federal District Court to declare the Primary open, and they are casting their vote in the expectation of a favorable ruling by the judge tomorrow.”

According to the complaint, the New York Board of Elections was noticed at 9 a.m. on Monday morning as to the EJUSA’s intention to file the suit.

“We are aware of the urgency and complexity, but hope the judge will listen to reason and the voices of the millions who have been affected by this,” Nelson said.

According to the NYBoE website, poll opening times are determined by district. In New York City and the counties of Erie, Nassau, Suffolk, Westchester, Orange, Rockland and Putnam, polls open at 6 a.m. and close at 9 p.m.

In all other counties polls open at 12 p.m. and close at 9 p.m.

This article originally appeared on on April 18, 2016.


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