Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 4 of 30 As part of the state primary process, the BOE received petitions that qualified eleven presidential candidates, and several slates of delegates pledged to those candidates, to be on the New York Democratic presidential primary ballot, which was originally set for April 28, 2020. April 27 Resolution, ECF No. 27-2; Brehm Decl. ¶¶ 2–3, ECF No. 27. Over the course of February, March, and April, however, ten out of the eleven presidential contenders “publicly announced that they are no longer seeking the nomination for the office of president of the United States, or that they are terminating or suspending their campaign.” April 27 Resolution at 1; Brehm Decl. ¶ 7. Meanwhile, on March 28, 2020, due to concerns over the safety of conducting the election during the COVID-19 pandemic, New York Governor Andrew M. Cuomo issued an executive order directing that “[a]ny presidential primary to be held on April 28, 2020 . . . be postponed and rescheduled for June 23, 2020.” N.Y. Executive Order 202.12. On April 3, 2020, Governor Cuomo signed into law Senate Bill S7506B, an omnibus appropriations bill that contained an amendment to New York Election Law § 2-122-a, which concerns procedures for holding elections for delegates “to a national convention or national party conference.” N.Y. Election Law § 2-122-a; see S7506B/A9506, 2019–2020 Legislative Session (N.Y. 2020). Specifically, New York Election Law § 2-122-a was amended to authorize the BOE to “omit . . . from the ballot” any primary candidate for office of the President of the United States when any of three circumstances comes to pass: first, if the candidate “publicly announces that they are no longer seeking the nomination for [that] office”; second, “if the candidate announces that they are terminating or suspending their campaign”; or third, “if the (S.D.N.Y. 2016) (noting that superdelegates comprise party leadership, including “members of the Democratic National Committee, Democratic members of Congress, and Democratic state governors”). The delegate candidates in this case would serve as pledged delegates if elected. 4