The2010 United States Senate election in New York took place on November 2, 2010, along with elections to theUnited States Senate in other states, as well as elections to theUnited States House of Representatives and various state and local elections. Incumbent Democrat U.S. SenatorChuck Schumer won re-election to a third term. Schumer won every county except forWyoming,Tioga, andHamilton counties.[1]
In the2004 U.S. Senate election, Schumer had defeated Republican AssemblymanHoward Mills by a 71 to 24 percent margin. Schumer was highly popular in New York, and it was believed that any Republican contender would likely not fare well against him in 2010.[2] Schumer was heavily favored to retain his seat.[3]
In addition to this regular election, there was also aspecial election to fill the Senate seat vacated byHillary Clinton, who became theUnited States Secretary of State on January 21, 2009. In addition, there was theNew York gubernatorial election. The existence of two other top-level statewide races, one with a Democratic incumbent perceived as vulnerable and the other an open race, respectively,[4] was believed to lead major New York Republicans to gravitate towards them rather than challenge the popular Schumer.[2][5]
Only two candidates, Berntsen and Townsend, obtained at least 25% of the vote at the New York State Republican Convention on June 1, 2010. Berntsen came in first,[10] but still needed to win the primary in order to win the Republican nomination. Berntsen lost the primary to Jay Townsend.[11]
Credico sued theNew York State Board of Elections under theEqual Protection Clause of the Fourteenth Amendment, claiming unfair treatment regarding ballot access. Despite being nominated by both the Libertarian Party and the Anti-Prohibition Party, in most jurisdictions, he only appeared on the ballot once. On June 19, 2013, the Federal District Court for the Eastern District of New York ruled in favor of Credico.[28] The New York State Board of Elections did not appeal this decision.[29]