FACT FOCUS: There is no evidence of electoral fraud on New York City ballots

Candidates can run under more than one political party according to “fusion voting.” New York (AP): Voters in New York have been seeing candidates named twice, three times, or even more on their ballots as they cast their ballots for many years. It’s a technique called fusion voting that permits candidates to run under several political parties, therefore it’s not a mistake. However, some outside observers around the nation are questioning whether they are witnessing proof of rigged voting in Tuesday’s highly anticipated mayoral contest due to the deliberate duplications on the New York City ballot this year, along with other layout decisions.

Among those criticizing the ballots was Elon Musk, the billionaire owner of X, who briefly advised President Donald Trump. In an X post, he declared that the New York City ballot form was a fraud. “No identification is needed. There are two appearances by other mayoral contenders. Cuomo’s name appears last in the lower right corner. However, the ballots are in compliance with New York’s voting regulations, thus there is nothing wrong with them. Let’s examine the facts in more detail. CLAIM: Because certain candidates appear twice and former governor Andrew Cuomo is listed low in the order, New York City ballots constitute evidence of election fraud.

THE FACTS: This is untrue. In New York, candidates who receive nominations from many political parties may appear on ballots more than once; this is known as “fusion voting”. Cuomo filed to run as an independent later in the process, which is why he is in ninth place. One of the few states where fusion voting is permitted and widely practiced is New York, along with Connecticut. In New York, the tradition dates back at least to the middle of the 20th century. Additionally, Oregon, Vermont, and Mississippi allow it.

Regarding fusion voting in New York, Richard Briffault, an expert on election administration and professor at Columbia Law School, said, “This happens pretty frequently and it enables the Democratic candidate to get the votes of people who don’t normally vote for Democrats and Republicans to get the vote of people who don’t vote Republican etc.” This year, New York City ballots will feature two mayoral candidates twice. The Working Families group has nominated Democratic candidate Zohran Mamdani, and the independent “Protect Animals” group has nominated Republican candidate Curtis Sliwa. Because voters can only support a candidate from a single party, fusion voting prevents candidates from receiving multiple votes from the same person.

After losing the Democratic primary to Mamdani in June, Cuomo, a Democrat, is running as an independent under a new party he founded dubbed “Fight and Deliver.” According to state law, the Democratic, Republican, Conservative, and Working Families Party are the four official parties on the ballot in New York. This is determined by the number of votes each party’s candidate earned in the most recent presidential and gubernatorial elections. The order in which they appear on the subsequent ballot, from highest to lowest, is also determined by that vote total. To run as an independent, candidates must submit a petition. Independent parties must appear below the official parties on the ballot, which is decided by boards of elections.

According to Kathleen McGrath, a representative for the New York State Board of Elections, “the date and time stamp when the independent nominating petition was filed with that board determines this in the case of the New York City Board of Elections.” McGrath claims that Cuomo is ranked eighth on the ballot since his “Fight and Deliver” party was the fourth of five independent parties to submit a nominating petition. Mamdani is ranked fourth by the Working Families Party and first by the Democratic Party. Sliwa is ranked fifth under the “Protect Animals” party and second under the Republican Party.

Incumbent Mayor Eric Adams and lawyer Jim Walden, two other independent candidates, withdrew from the contest too late to be removed off the ballot. According to Mark Lindeman, head of policy and strategy at Verified Voting, “Cuomo is low in the order because no recognized political party nominated him, and he is only listed once because he was only nominated once.” “Elon Musk undoubtedly has people who could have investigated this for him.” Voters in New York City are not required to present identification in order to cast a ballot unless they did not include identification with their registration. According to the AP, the country’s multi-layered election procedures offer numerous protections that keep voter fraud typically obvious and uncommon.

A request for response from Musk’s representatives was not answered.

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