Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 6 of 30 New York Election Law § 6-160(2), which applies to all party primary elections in New York, states that when there is only one candidate on the ballot, that candidate “shall be deemed nominated or elected . . . without balloting.” N.Y. Election Law § 6-160(2). Accordingly, on April 27, 2020, with all but one candidate removed from the Democratic presidential primary ballot, the election was canceled by operation of law. The BOE’s co-executive directors, Robert A. Brehm and Todd D. Valentine, issued an amended certification for the Democratic presidential primary, listing Joe Biden as the sole remaining qualified candidate, and announced that there was “no longer a need for the holding of a Democratic [p]residential [p]rimary election on June 23, 2020.” BOE Notice; see also Amended Certification, ECF No. 27-5 at 2; April 27, 2020 New York State Board of Elections Meeting at 10:44–11:15, New York State Board of Elections (Apr. 28, 2020), https://youtu.be/L7YPeRLw1_Q. II. The Parties Plaintiffs and Plaintiff-Intervenors are all registered New York State Democratic Party voters. Yang Aff. ¶ 2, ECF No. 20-1; Herzog Aff. ¶ 2, ECF No. 20-3; Suh Aff. ¶ 2, ECF No. 204; Vogel Aff. ¶ 2, ECF No. 20-5; Small Aff. ¶ 2, ECF No. 20-6; Hwang Aff. ¶ 2, ECF No. 20-7; Medeiros Aff. ¶ 2, ECF No. 20-8; Green Aff. ¶ 2, ECF No. 20-9; Intervenor Compl. ¶¶ 3, 5–14. Yang was also a Democratic candidate for the presidency. Yang Aff. ¶ 3. He announced that he was suspending his campaign on February 11, 2020. Yang Aff. ¶ 5; Brehm Decl. ¶ 8. Yang states that, by suspending and not terminating his campaign, he “believed and expected that [his] name would nonetheless stay on the ballot in states with upcoming elections,” and that it was his “intention and hope that voters would express their preferences by voting in the upcoming elections.” Yang Aff. ¶¶ 5–6; Compl. ¶¶ 69, 83. 6