Unfortunately for the field consolidators, getting off the NYC ballot is now ‘very difficult’

For all the pressure on Mayor Eric Adams to exit the mayoral race, he’s likely to be on the ballot no matter what happens. The same goes for Jim Walden, who recently ended his campaign, as well as any other candidate considering a departure from the race, or being pushed out.

At this point, a mere two months out from the general election, there are just a few ways that a candidate can get dropped from the November ballot: dying, getting convicted of certain crimes, moving out of the state by Election Day, or running for a judgeship. And after Sept. 11, the date the New York City Board of Elections certifies the ballot, candidates are locked in no matter what. Ballots are slated to be printed just a few days after certification and must be mailed by the 19th – 46 days before the Nov. 4 primary. That’s according to Vincent Ignizio, deputy executive director of the city Board of Elections, and several election lawyers. In short, the clock is ticking. Candidates who filed independent nominating petitions to appear on the ballot – like Adams, Walden and former Gov. Andrew Cuomo for the general election had until May 30 to decline their ballot line.

“It’s very difficult to get off of the ballot at this point,” said election lawyer Jerry Goldfeder. “The only way to do it is to prove by legitimate evidence that you intend to not live in New York City on Election Day which is an extremely difficult task.”

The logistics of how a candidate can drop out of the general election took on greater significance as rumors swirled that Adams may abandon his longshot reelection bid to take a position with the Trump administration. The mayor has repeatedly insisted that he’s staying in the race – even convening a dramatic press conference Friday solely to declare he’s not going anywhere. But pressure to consolidate the field of candidates so Cuomo has a better chance against Democratic nominee Zohran Mamdani remains. With the mayor polling in a distant fourth behind Mamdani who leads, then Cuomo, then Republican nominee Curtis Sliwa, Adams is getting the brunt of it.

Walden, who was running as an independent until he dropped out Sept. 2 in a bid to consolidate the field of non-Mamdani candidates, is trying to get his name removed from the ballot. But he’s not claiming a change of residency, he told City & State. Instead, he submitted a form and letter to commissioners on Sept. 5 arguing that his name should be removed to prevent voter confusion as the ballot has yet to be certified. The board rejected his request. Walden said he plans to argue his case at the board’s Tuesday meeting and is prepared to go to court if commissioners again refuse to remove his name.  

The most likely way that any candidate could get off of the ballot at this point is submitting a declaration to the Board of Election in the next few days that proves that they will no longer live in New York City come Election Day – thus no longer being eligible to be mayor. A majority of board members would need to vote that the evidence is sufficient, then the name could theoretically be removed. 

“Our understanding is Mr. Walden and or any other candidate could say ‘I have moved to Connecticut. I can prove that to the board, I am ineligible to run, I am ineligible to serve as mayor of the city of New York,’” Ignizio said. “(The board) would review that and could deem it appropriate to then take whomever off the ballot.”

While complicated for any of the candidates, this would have sweeping ramifications for Adams. To prove to the Board of Elections that he wouldn’t be a city resident by Nov. 4 would be akin to proving he’s no longer eligible to be mayor given the position’s residency requirements. With Adams ineligible, according to the city charter, the mayor-elect could take office early, stepping into the role after they win the general election. Depending on what sort of theoretical evidence Adams were to use to prove he wouldn’t be a resident – say a lease or altered voter registration records – he could have to step down earlier, meaning Public Advocate Jumaane Williams could step into the role as acting mayor.