Open primaries lawsuit targets NY Governor, NYC Mayor

By Mutiu Olawuyi

A legal battle over New York City’s proposed open primaries and nonpartisan local elections has moved to Richmond County Supreme Court, where the New York City Charter Revision Commission and several petitioners are seeking court intervention to keep the ballot proposal alive for the November 2026 general election.

According to a three-page Order to Show Cause filed with the Richmond County Clerk on June 30, 2026, the petitioners include the New York City Charter Revision Commission, Denis M. Hughes, Ismael Claudio, Betsy Gotbaum, Tashyra Ayers, Peter Koo, Kayla Mamelak Altus, Gilford Monrose, Sheikh Musa Drammeh, Menashe Shapiro, Jackie Rowe Adams, David Paterson, Vito Fossella, and Vickie Paladino.

The respondents listed in the filing include the State of New York, the City of New York, Gov. Kathy Hochul, Mayor Zohran Mamdani, City Clerk Michael McSweeney, and the New York City Board of Elections.

At the center of the case is the Commission’s effort to place a proposed City Charter amendment before voters. The proposal would establish open primaries and nonpartisan local elections for New York City offices, allowing all registered voters to participate regardless of party affiliation.

The court filing asks the respondents to show cause before the Supreme Court in Richmond County why judgment should not be entered granting several forms of relief. The matter is scheduled for an in-person appearance in Room 430 at the courthouse located at 26 Central Avenue, Staten Island, on July 16, 2026, at 2:45 p.m., or as soon afterward as counsel may be heard.

The petitioners are asking the court to declare the so-called “Nullification Provision” in Chapter 55 of the Laws of 2026 unconstitutional and illegal under the New York Constitution and the 14th Amendment to the U.S. Constitution. The filing argues that the provision was applied retroactively to target the Commission and should therefore be treated as void and without legal effect.

The petitioners also seek to annul and vacate Mayor Mamdani’s alleged action to disband or dissolve the Commission, describing it in the filing as arbitrary, capricious, an abuse of discretion and beyond lawful authority.

They further ask the court to prohibit Mayor Mamdani from interfering with the Commission’s activities, including its attempt to place the open primaries and nonpartisan elections proposal on the November 2026 ballot.

The filing also seeks to compel City Clerk Michael McSweeney to certify and transmit the ballot proposal and related materials to the New York City Board of Elections by August 3, 2026. In addition, it asks the court to direct the Board of Elections to accept, process and place the proposal on the November 2026 general election ballot.

The order was signed by Hon. Ralph J. Porzio, J.S.C., and dated June 30, 2026, in Richmond County.

The case represents a significant moment in New York City’s ongoing debate over election reform. Supporters of open primaries argue that the current system excludes independent voters and gives party primaries outsized influence in a city where many districts are heavily dominated by one party. Critics may argue that changing the system could weaken party accountability, confuse voters or alter the political balance of local elections.

Beyond the legal arguments, the case raises a larger civic question: who gets to decide how New Yorkers choose their local leaders — elected officials, charter commissioners, courts, party structures or the voters themselves?

For residents, the next important date is July 16, when the court is expected to hear arguments on whether the Commission’s ballot proposal can continue moving toward the November election. The outcome could shape not only the 2026 ballot, but the future structure of New York City local elections.