Case: Hawatmeh v. New York State Board of Elections

20-cv-903484 | New York state trial court

Filed Date: 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of September 5, 2020, Petitioner filed a designating petition on March 20, designating Petitioner a Conservative Party candidate for the public office of Member of the US House of Representatives for the 19th Congressional District. Petitioner mailed to the Board of Elections the required certificate of acceptance on March 25…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of September 5, 2020,

Petitioner filed a designating petition on March 20, designating Petitioner a Conservative Party candidate for the public office of Member of the US House of Representatives for the 19th Congressional District. Petitioner mailed to the Board of Elections the required certificate of acceptance on March 25, which was one day after the March 24 filing deadline. When the NY election calendar had set the deadline for filing at April 2, 2020, Petitioner scheduled out-of-state cancer treatments to occur between March 14-March 24. The filing deadline was changed to March 20 while Petitioner was out of NY to undergo such treatments. The Board determined the petition was invalid due to the late filing of the certificate of acceptance. Petitioner commenced an action to validate the petition and challenge the constitutionality of Chapter 24 of the Laws of 2020 (the act that changed the filing deadline). The NY Supreme Court dismissed Petitioner's application, refusing to validate Petitioner's designating petition. Petitioner appealed and the Appellate Division (Third Department) affirmed the Supreme Court's decision. The Court of Appeals affirmed the Third Department's decision (and resolved a departmental split as to whether the late filing of a portion of a designating petition (e.g., a cover sheet, a certificate of acceptance) constitutes a fatal defect that invalidates such a petition).

People


Judge(s)

Garcia, Michael J. (New York)

Lynch, Gerard E. (New York)

Mulvey, Robert P. (New York)

Wilson, Rowan D (New York)

Attorneys(s) for Plaintiff

Ciampoli, John M. (New York)

Attorneys(s) for Defendant

Burns, Joseph T (New York)

Galvin, Kimberly (New York)

Judge(s)

Garcia, Michael J. (New York)

Lynch, Gerard E. (New York)

Mulvey, Robert P. (New York)

Wilson, Rowan D (New York)

Attorneys(s) for Plaintiff

Ciampoli, John M. (New York)

Attorneys(s) for Defendant

Burns, Joseph T (New York)

Galvin, Kimberly (New York)

Documents in the Clearinghouse

Document

531344

Memorandum and Order

New York state supreme court

183 A.D.3d 1109

May 15, 2020

May 15, 2020

Order/Opinion

58

Opinion

Seawright v. Board of Elections in the City of New York

New York state appellate court

150 N.E.3d 848

May 21, 2020

May 21, 2020

Order/Opinion

Resources

Docket

Last updated July 28, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: 2020

Case Ongoing: Yes