Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 5 of 30 candidate sends a letter to the state board of elections indicating they no longer wish to appear on the ballot.” N.Y. Election Law § 2-122-a(13) (emphasis added); S7506B/A9506 Part TT § 1. The statute further provides that “for any candidate of a major political party, such determination shall be solely made by the commissioners of the state board of elections who have been appointed on the recommendation of such political party or the legislative leaders of such political party.” Id. On April 27, 2020, BOE Democratic Party Commissioners Kellner and Spano (the “Democratic Commissioners”) adopted a resolution (the “April 27 Resolution”) invoking their authority under the recently enacted § 2-122-a(13) to remove ten Democratic presidential candidates who had qualified to be on the ballot, but who had suspended their presidential campaigns or announced they were no longer seeking the nomination. April 27 Resolution. According to the resolution, “pursuant to the public declarations made by the relevant presidential candidates, the following candidates are no longer eligible as a designated Democratic [p]rimary candidate, and their names shall be omitted from the Democratic [p]rimary ballot: Michael Bennet, Michael Bloomberg, Pete Buttigieg, Tulsi Gabbard, Amy Klobuchar, Deval Patrick, Bernie Sanders, Tom Steyer, Elizabeth Warren, [and] Andrew Yang.” April 27 Resolution. The only remaining candidate was Joe Biden. BOE Notice, ECF No. 27-5 at 1. As a result, the candidates for delegates who were committed to those ten presidential contenders were also removed from the ballot, because New York Election Law § 2-122-a(14) provides that “candidates for delegates and/or alternate delegates who are pledged to candidates of the office of president of the United States who have been omitted pursuant to subdivision thirteen of this section shall also be omitted.” N.Y. Election Law § 2-122-a(14); see April 27 Resolution at 1. 5