Case: Conservative Party of New York State v. New York State Board of Elections

1:10-cv-06923 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 14, 2010

Closed Date: Nov. 6, 2018

Clearinghouse coding complete

Case Summary

This case was a challenge by minor political parties as to the constitutionality of New York Election Law § 9-112(4).  New York permits a political candidate to accept the nomination of multiple political parties.  As a result, such candidate’s name can appear on a ballot multiple times, once for each party for which the candidate accepted a nomination.  Under New York Election Law § 9-112(4), if a voter “double votes” by voting for one candidate on more than one party line, only the “first” vo…

This case was a challenge by minor political parties as to the constitutionality of New York Election Law § 9-112(4).  New York permits a political candidate to accept the nomination of multiple political parties.  As a result, such candidate’s name can appear on a ballot multiple times, once for each party for which the candidate accepted a nomination.  Under New York Election Law § 9-112(4), if a voter “double votes” by voting for one candidate on more than one party line, only the “first” vote is counted.  The New York State Board of Election (NYSBOE) then credits the vote to the party listed first on the ballot.  Consequently, where a voter has “double voted,” the vote will generally be credited to one of the two major political parties, which are listed first on the ballot.  Crediting votes to specific political parties has an effect on two issues: ballot access and ballot order.  A party must earn 50,000 votes in a gubernatorial race to be deemed a full-fledged political party, thereby gaining access to guaranteed placement on future ballots.  Additionally, the number of votes earned by a particular party in a gubernatorial race determines the order in which the parties appear on the ballot for the next four years.

Two minor political parties, the Conservative Party of New York and the Working Families Party, filed suit in the U.S. District Court for the Southern District of New York on September 14, 2010 against the NYSBOE.  The plaintiffs were represented by private counsel and the Brennan Center for Justice at New York University School of Law.  The plaintiffs sued under 42 U.S.C. § 1983, seeking injunctive relief and attorney's fees.  The case was assigned to District Judge Jed S. Rakoff.

The plaintiffs argued that the freedom of association, right to due process, and right to equal protection protected by the First and Fourteenth Amendments of the U.S. Constitution include the fundamental right to engage in partisan political organization, to vote for the candidates and parties of one’s choice, and to have one’s votes counted.  The plaintiffs alleged that the statute placed severe burdens on voters and minor political parties, was blatantly discriminatory, stifled political competition from minor political parties, and could not be justified by a compelling or important government interest.  Prior to 2010, most votes in New York were cast using lever machines that physically prevented a voter from double voting, so the statute at issue was not generally applicable.  Beginning in 2010, however, most votes were cast with optical scanner voting machines, which could not physically prevent double voting.  

The plaintiffs sought preliminary injunctive relief in advance of the 2010 general election to ensure that New York State’s optical scanner voter machines would notify voters who cast “double votes” to allow such voters to vote for their selected candidate only on one party line, or, alternatively, to credit all “double votes” in the 2010 general election to all parties receiving a double vote, for purpose of ballot access and ballot order.  The plaintiffs also sought permanent injunctive relief to ensure that optical scanner voting machines would adequately inform voters who cast “double votes” that only one vote on one party line could be submitted.  In addition, the plaintiffs sought reasonable attorney's fees and costs.

The plaintiffs filed a motion for a preliminary injunction on October 1, 2010 to ensure that voting machines would inform voters of “double votes,” notify voters about the consequence of voting for a candidate on more than one party line, and provide voters with the opportunity to correct their ballots; or, in the alternative, to segregate and preserve all ballots with double votes in the 2010 general election.  On October 15, 2010, the court denied the motion, finding that the plaintiffs had filed their complaint too close—a mere six weeks prior —to the November 2010 election to grant the relief sought.

The NYSBOE moved to dismiss the complaint on November 9, 2010.  The Court found that the complaint lacked sufficient precision and granted the plaintiffs leave to replead.  On December 20, 2010, a First Amended Complaint was filed with the addition of the New York Taxpayers Party as an additional plaintiff.  The NYSBOE moved to dismiss again on January 10, 2011 arguing that the plaintiffs were technically unincorporated associations, which, under New York General Association Law § 12, did not have standing to bring suit.  As a result, the NYSBOE argued that only a president, treasurer, or other officer could bring suit on behalf of the minor parties, as unincorporated associations.  The Court permitted the plaintiffs to file a Second Amended Complaint to correct this technical point, which the plaintiffs filed on February 3, 2011.  The Second Amended Complaint modified the First Amended Complaint only with regard to having certain officers file suit on behalf of the minor political parties.

Under the Second Amended Complaint, the plaintiffs alleged that the double vote counting law discriminated against minor political parties because minor political parties received no credit for double votes.  Moreover, the law severely burdened minor parties’ ability to compete with major parties by severely restricting such parties’ ability (1) to affect public policy, (2) to raise money and attract new members, (3) to recruit candidates, (4) to secure a place on future ballots, (5) to secure favorable placements on ballots, and (6) to ensure that their own voters could express support for the minor party.  Based on available election data, the plaintiffs alleged that there likely had been tens of thousands of double votes in the 2010 general election that could have affected the plaintiffs’ ability to appear on ballots for the subsequent four years.  Finally, the plaintiffs alleged that the effect of the double vote counting rule was exacerbated by the failure to provide voters with any meaningful warning that a double vote would automatically be credited to a major party.  The plaintiffs therefore sought (1) to have the double voting law declared unconstitutional, (2) to permanently enjoin the NYSBOE from enforcing the policy of crediting double votes to a major party, (3) to order the NYSBOE to implement a double vote counting rule not discriminatory against minor parties, and (4) to order the NYSBOE to ensure that optical scanner voting machines would notify voters of double votes and to provide those voters with an opportunity to correct their ballots.  In addition, the plaintiffs sought reasonable attorney's fees and costs.

The court denied the motion to dismiss on February 10, 2011 (although signed on February 9, 2011), the reasoning for which was set out in an opinion dated May 10, 2011.  In the NYSBOE’s motion to dismiss, it argued that the plaintiffs did not have standing to sue because they had failed to allege any actual injury to themselves.  This argument was dismissed from the bench, with the Court reasoning that the case law was clear that the “injury in fact” for an equal protection case is the denial of equal treatment from the imposition of a barrier, rather than the ultimate ability to obtain benefits if the barrier is eliminated.  Furthermore, the court found that the plaintiffs' factual allegations were sufficient to raise a right to relief above the speculative level.  The court agreed that the distinction between a minor political party and an independent body was important in terms of ballot access, and that the double vote count rule burdened minor parties and independent bodies by making it difficult for them to earn enough votes to be treated as a party.  Additionally, the court agreed that, although the plaintiffs were not arguing that they deserved to appear at the top of the ballot, the statute did appear to discriminate in the process of determining ballot order.  The court also agreed that the statute imposed a burden on the ability of minor parties to influence public policy, and to recruit candidates and members.  The court also agreed that the statute allowed the NYSBOE to distort how voters actually intend to vote.

The NYSBOE argued that New York State had a compelling interest in ensuring that candidates with the most support actually won their races and that elections were run smoothly and efficiently.  The NYSBOE claimed that those goals were met by the method of counting double votes.  The NYSBOE argued that the statute was the only option that (1) assured that a voter’s choice of candidate was captured and recorded, (2) assured that only one vote for a candidate was counted, (3) treated all minor parties the same, (4) counted the vote for a party whose ballot position was already secure, (5) operated so that the vote was typically credited to the candidate’s own party, and (6) was nondiscriminatory because it was objectively neutral.

The court, however, was not persuaded that the statute was the least restrictive means available for achieving the interest of protecting the integrity, fairness, and efficiency of ballots and the election process.  The court found that the plaintiffs had sufficiently alleged that the statute burdened their First and Fourteenth Amendment rights and that New York State had not established the least restrictive alternative to achieve its purported justification of the statute.  

Ultimately the court approved a consent decree on September 8, 2011.  Until the earlier of the amendment of the statute or the completion of the 2018 general election, the NYSBOE agreed that it would: (1) reprogram optical scan voting machines to alert voters to double voting, explain the consequences of double voting, and provide voters with a meaningful opportunity to change their ballots, (2) arrange for optical scan voting machines to be reprogrammed to capture and record the total number of double votes cast on any machine and have each county’s Board of Elections (BOE) configure its voting machines as such, (3) provide each county’s BOE with a notice warning voters against and explaining the consequences of double voting and make such notices easily visible in the polling location, near voter booths, and available for poll workers to provide to voters, (4) include instructions concerning double voting in all poll worker training materials and have each county’s BOE distribute those instructions, (5) instruct each county’s BOE to provide voters a meaningful opportunity to change their ballots in case of a double vote, (6) instruct all employees, agent, and representatives of the NYSBOE and each county’s BOE to abide by the terms of the Consent decree; (7) instruct each county’s BOE of an obligation to inform voters on the proper way to vote to avoid casting a double vote; and (8) notify the plaintiffs immediately if voting machines could not be programmed in accordance with the previous stipulations so that the parties could engage in good faith negotiations to amend those stipulations as necessary.

Programming changes were required to be implemented in time for the November 2012 general election and all other provisions were to be implemented no later than the November 2011 General election.  Additionally, the NYSBOE was ordered to pay $199,000 in attorneys fees and costs.  As of October 2022, this case was closed.

Summary Authors

Shannon Shen (10/25/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4348129/parties/conservative-party-of-new-york-state-v-new-york-state-board-of-elections/


Judge(s)
Attorney for Plaintiff

Celli, Andrew G. (New York)

Attorney for Defendant

Bee, Peter A (New York)

Brown, Patrick E. (New York)

Bucki, Craig R. (New York)

Camhi, Stanley Albert (New York)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4348129/conservative-party-of-new-york-state-v-new-york-state-board-of-elections/

Last updated Jan. 31, 2025, 1:49 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Filing Fee $ 350.00, Receipt Number 915203)Document filed by Conservative Party Of New York State, Working Families Party.(ama) (Entered: 09/16/2010)

Sept. 14, 2010

Sept. 14, 2010

Clearinghouse
2

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Conservative Party Of New York State.(ama) (Entered: 09/16/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Working Families Party.(ama) (Entered: 09/16/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
4

NOTICE OF APPEARANCE by Zoe Antonia Salzman on behalf of Conservative Party Of New York State (Salzman, Zoe) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
5

NOTICE OF APPEARANCE by Eric Hecker on behalf of Conservative Party Of New York State (Hecker, Eric) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
6

AFFIDAVIT OF SERVICE of Summons and Complaint,. New York State Board of Elections served on 9/16/2010, answer due 10/7/2010. Service was accepted by Kimberly Galvin, Esq.. Service was made by MAIL. Document filed by Conservative Party Of New York State; Working Families Party. (Hecker, Eric) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
7

AFFIDAVIT OF SERVICE of Summons and Complaint,. Robert A. Brehm served on 9/16/2010, answer due 10/7/2010. Service was accepted by Kimberly Galvin, Esq.. Service was made by MAIL. Document filed by Conservative Party Of New York State; Working Families Party. (Hecker, Eric) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
8

AFFIDAVIT OF SERVICE of Summons and Complaint,. Gregory P. Peterson served on 9/16/2010, answer due 10/7/2010. Service was accepted by Kimberly Galvin, Esq.. Service was made by MAIL. Document filed by Conservative Party Of New York State; Working Families Party. (Hecker, Eric) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
9

AFFIDAVIT OF SERVICE of Summons and Complaint,. Douglas A. Kellner served on 9/16/2010, answer due 10/7/2010. Service was accepted by Kimbely Galvin, Esq.. Service was made by MAIL. Document filed by Conservative Party Of New York State; Working Families Party. (Hecker, Eric) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
10

AFFIDAVIT OF SERVICE of Summons and Complaint,. Todd D. Valentine served on 9/16/2010, answer due 10/7/2010. Service was accepted by Kimberly Galvin, Esq.. Service was made by MAIL. Document filed by Conservative Party Of New York State; Working Families Party. (Hecker, Eric) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
11

AFFIDAVIT OF SERVICE of Summons and Complaint,. James A. Walsh served on 9/16/2010, answer due 10/7/2010. Service was accepted by Kimberly Galvin, Esq.. Service was made by MAIL. Document filed by Conservative Party Of New York State; Working Families Party. (Hecker, Eric) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
12

AFFIDAVIT OF SERVICE of Summons and Complaint,. Evelyn J. Aquila served on 9/16/2010, answer due 10/7/2010. Service was accepted by Kimberly Galvin, Esq.. Service was made by MAIL. Document filed by Conservative Party Of New York State; Working Families Party. (Hecker, Eric) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
13

CERTIFICATE OF SERVICE of Complaint served on Office of the Attorney General on 9/22/10. Service was accepted by Latish Gilbert. Document filed by Conservative Party Of New York State, Working Families Party. (Salzman, Zoe) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
14

NOTICE OF APPEARANCE by Steven Robert Schlesinger on behalf of Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner (Attachments: # 1 Affidavit of Service)(Schlesinger, Steven) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
15

NOTICE OF APPEARANCE by Stanley Albert Camhi on behalf of Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner (Attachments: # 1 Affidavit of Service)(Camhi, Stanley) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
16

NOTICE OF APPEARANCE by Hale Yazicioglu on behalf of Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner (Attachments: # 1 Affidavit of Service)(Yazicioglu, Hale) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
17

NOTICE OF APPEARANCE by Joshua Michael Jemal on behalf of New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh (Jemal, Joshua) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
18

MOTION to File Amicus Brief. Document filed by City Organizations of the New York Independence Party. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Supplement signature page)(Kresky, Harry) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER
19

MOTION for Preliminary Injunction. Document filed by Conservative Party Of New York State, Working Families Party.(Hecker, Eric) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

Clearinghouse
20

DECLARATION of Eric Hecker, Esq. in Support re: 19 MOTION for Preliminary Injunction.. Document filed by Conservative Party Of New York State. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hecker, Eric) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
21

DECLARATION of Daniel Cantor in Support re: 19 MOTION for Preliminary Injunction.. Document filed by Conservative Party Of New York State. (Hecker, Eric) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
22

DECLARATION of Michael Long in Support re: 19 MOTION for Preliminary Injunction.. Document filed by Conservative Party Of New York State. (Hecker, Eric) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
23

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel Wallach in Support re: 19 MOTION for Preliminary Injunction.. Document filed by Conservative Party Of New York State. (Hecker, Eric) Modified on 10/7/2010 (KA). (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
24

MEMORANDUM OF LAW in Support re: 19 MOTION for Preliminary Injunction.. Document filed by Conservative Party Of New York State, Working Families Party. (Hecker, Eric) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
25

NOTICE OF APPEARANCE by Peter A. Bee on behalf of New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh (Bee, Peter) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
26

DECLARATION of Daniel Wallach in Support re: 19 MOTION for Preliminary Injunction.. Document filed by Conservative Party Of New York State. (Attachments: # 1 Exhibit A to Declaration of Daniel Wallach, # 2 Exhibit B to Declaration of Daniel Wallach)(Hecker, Eric) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
27

NOTICE OF APPEARANCE by Steven Robert Schlesinger on behalf of New York State Board of Elections (Attachments: # 1 Affidavit of Service)(Schlesinger, Steven) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
28

NOTICE OF APPEARANCE by Stanley Albert Camhi on behalf of New York State Board of Elections (Attachments: # 1 Affidavit of Service)(Camhi, Stanley) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
29

NOTICE OF APPEARANCE by Hale Yazicioglu on behalf of New York State Board of Elections (Attachments: # 1 Affidavit of Service)(Yazicioglu, Hale) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
30

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to File Excess Pages regarding Defendants' Memorandum of Law in Oppositon to Plaintiffs' application for a preliminary injunction. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh.(Jemal, Joshua) Modified on 10/8/2010 (db). (Entered: 10/07/2010)

Oct. 7, 2010

Oct. 7, 2010

PACER
31

AFFIDAVIT of Robert A. Brehm in Opposition re: 19 MOTION for Preliminary Injunction.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Attachments: # 1 Exhibit A)(Schlesinger, Steven) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
32

AFFIDAVIT of Todd D. Valentine in Opposition re: 19 MOTION for Preliminary Injunction.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Schlesinger, Steven) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
33

AFFIDAVIT of Robert Warren in Opposition re: 19 MOTION for Preliminary Injunction.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Attachments: # 1 Exhibit A)(Schlesinger, Steven) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
34

DECLARATION of Kenneth Carbullido in Opposition re: 19 MOTION for Preliminary Injunction.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Schlesinger, Steven) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
35

DECLARATION of John Poulos in Opposition re: 19 MOTION for Preliminary Injunction.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Schlesinger, Steven) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
36

MEMORANDUM OF LAW in Opposition re: 19 MOTION for Preliminary Injunction.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Schlesinger, Steven) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
37

CERTIFICATE OF SERVICE of Affidavit of Robert A. Brehm, Affidavit of Todd D. Valentine, Affidavit of Robert Warren, Declaration of Kenneth Carbullido, Declaration of John Poulos and Memorandum of Law in Opposition to Plaintiffs' Motion for Preliminary Injunction served on Andrew G. Celli, Eric Hecker, Zoe Antonia Salzman, Laurence D. Norden, Wendy R. Weiser, Harry Kresky on 10/8/10. Service was made by Mail. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Schlesinger, Steven) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
38

NOTICE OF CHANGE OF ADDRESS by Peter A. Bee on behalf of Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. New Address: Bee Ready Fishbein Hatter & Donovan, LLP, 170 Old Country Road, Mineola, New York, 11501, 516-746-5599. (Bee, Peter) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
39

DECLARATION of Daniel Cantor in Support re: 19 MOTION for Preliminary Injunction.. Document filed by Conservative Party Of New York State. (Salzman, Zoe) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
40

REPLY MEMORANDUM OF LAW in Support re: 19 MOTION for Preliminary Injunction.. Document filed by Conservative Party Of New York State, Working Families Party. (Salzman, Zoe) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
41

ORDER: Consequently, the motion for a preliminary injunction is denied so far as the instant election is concerned, without prejudice to this case going forward in all other respects, including with respect to injunctive relief in future elections. So Ordered. (Signed by Judge Jed S. Rakoff on 10/15/2010) (js) Modified on 11/4/2010 (js). (Entered: 10/18/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER
42

TRANSCRIPT of proceedings held on 10/12/10 before Judge Jed S. Rakoff. (cd) (Entered: 11/08/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
43

TRANSCRIPT of proceedings held on 9/30/2010 before Judge Jed S. Rakoff. (dnd) (Entered: 11/08/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
44

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Attachments: # 1 Defendants' Memorandum of Law in Support of Their Motion to Dismiss Pursuant to Federal Rules of Civil Procedure Rule 12(b)(1) and (6), # 2 Certificate of Service)(Schlesinger, Steven) Modified on 11/9/2010 (KA). (Entered: 11/08/2010)

Nov. 8, 2010

Nov. 8, 2010

PACER
45

MOTION to Dismiss. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh.(Schlesinger, Steven) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
46

MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schlesinger, Steven) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
47

AFFIDAVIT OF SERVICE of Motion to Dismiss. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Schlesinger, Steven) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
48

TRANSCRIPT of proceedings held on 10/20/2010 before Judge Jed S. Rakoff. (dnd) (Entered: 11/18/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
49

TRANSCRIPT of proceedings held on 10/12/2010 before Judge Jed S. Rakoff. (dnd) (Entered: 11/18/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
50

DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) New York State Board of Elections. Document filed by Conservative Party Of New York State, Working Families Party. (Salzman, Zoe) Modified on 11/23/2010 (ml). (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
51

MEMORANDUM OF LAW in Opposition re: 45 MOTION to Dismiss.. Document filed by Conservative Party Of New York State, Working Families Party. (Salzman, Zoe) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
52

NOTICE OF VOLUNTARY DISMISSAL, that pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs Conservative Party of New York State and the Working Families Party, by their attorneys Emery Celli Brinckerhoff & Abady LLP and the Brennan Center for Justice at NYU School of Law, hereby dismiss Defendant New York State Board of Elections only from the above-captioned action. New York State Board of Elections terminated. (Signed by Judge Jed S. Rakoff on 11/23/2010) (lnl) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
53

NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed against the defendant New York State Board of Elections. (Signed by Judge Jed S. Rakoff on 11/29/10) (cd) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
54

REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Attachments: # 1 Affidavit of Service)(Camhi, Stanley) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
55

TRANSCRIPT of proceedings held on 12/6/10 before Judge Jed S. Rakoff. (cd) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
56

FIRST AMENDED COMPLAINT amending 1 Complaint, against Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh.Document filed by Conservative Party Of New York State, Working Families Party. Related document: 1 Complaint, filed by Working Families Party, Conservative Party Of New York State.(mbe) (Entered: 12/22/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
57

NOTICE OF APPEARANCE by Zoe Antonia Salzman on behalf of New York Taxpayers Party (Salzman, Zoe) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
58

NOTICE OF APPEARANCE by Zoe Antonia Salzman on behalf of New York Taxpayers Party (Salzman, Zoe) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
59

NOTICE OF APPEARANCE by Eric Hecker on behalf of New York Taxpayers Party (Hecker, Eric) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
60

NOTICE OF APPEARANCE by Andrew G. Celli on behalf of New York Taxpayers Party (Celli, Andrew) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
61

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Taxpayers Party.(Salzman, Zoe) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
62

AFFIDAVIT OF SERVICE of First Amended Complaint served on Office of the Attorney General on 12/21/10. Service was accepted by Latish Gilbert. Document filed by Conservative Party Of New York State, New York Taxpayers Party. (Salzman, Zoe) (Entered: 12/28/2010)

Dec. 28, 2010

Dec. 28, 2010

PACER
63

TRANSCRIPT of proceedings held on December 6, 2010 before Judge Jed S. Rakoff. (mro) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
64

MOTION to Dismiss the First Amended Complaint. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh.(Camhi, Stanley) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
65

AFFIDAVIT of Robert A. Brehm in Support re: 64 MOTION to Dismiss the First Amended Complaint.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Attachments: # 1 Exhibit A to Brehm Affidavit, # 2 Exhibit B to Brehm Affidavit, # 3 Exhibit C to Brehm Affidavit)(Camhi, Stanley) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
66

MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss the First Amended Complaint.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Camhi, Stanley) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
67

CERTIFICATE OF SERVICE of Notice of Motion to Dismiss the First Amended Complaint; Affidavit of Robert A. Brehm in Support of Defendants' Motion to Dismiss the Amended Complaint, with related exhibits annexed thereto; and Defendants' Memorandum of Law in Support of their Motion to Dismiss the First Amended Complaint pursuant to Federal Rules of Civil Procedure Rule 12(b)(1) and (6) served on Emery Celli Brinckerhoff & Adaby, LLP; Laurence D. Norden, Esq; Wendy R. Weiser, Esq.; and Law Office of Harry Kresky on January 10, 2010. Service was made by mail. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Camhi, Stanley) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
68

NOTICE OF APPEARANCE by Eric Hecker on behalf of Conservative Party Of New York State, New York Taxpayers Party (Hecker, Eric) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
69

MEMORANDUM OF LAW in Opposition re: 64 MOTION to Dismiss the First Amended Complaint.. Document filed by Conservative Party Of New York State, New York Taxpayers Party, Working Families Party. (Hecker, Eric) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
70

REPLY MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss the First Amended Complaint.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Attachments: # 1 Certificate of Service)(Camhi, Stanley) (Entered: 01/24/2011)

Jan. 24, 2011

Jan. 24, 2011

PACER
71

SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 64 MOTION to Dismiss the First Amended Complaint.. Document filed by Conservative Party Of New York State, New York Taxpayers Party, Working Families Party. (Salzman, Zoe) (Entered: 02/03/2011)

Feb. 3, 2011

Feb. 3, 2011

PACER
72

SECOND AMENDED COMPLAINT amending 56 Amended Complaint, against Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh.Document filed by Working Families Party, Conservative Party, Taxpayers Party. Related document: 56 Amended Complaint, filed by Working Families Party, Conservative Party Of New York State.(mro) (mro). (Entered: 02/04/2011)

Feb. 3, 2011

Feb. 3, 2011

Clearinghouse
73

SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss the First Amended Complaint.. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. (Attachments: # 1 Certificate of Service)(Schlesinger, Steven) (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
74

ORDER, denying 64 Motion to Dismiss. Pending before the Court is defendants' motion to dismiss plaintiffs' complaint in the above-captioned action. For reasons that will be explained in a forthcoming memorandum, the motion to dismiss is hereby denied. Accordingly, the parties are directed to submit a case management plan for the Court's approval by no later than February 17, 2011, and the Clerk of the Court is directed to close item number 64 on the docket of this case. (Signed by Judge Jed S. Rakoff on 2/9/11) (pl) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER
76

TRANSCRIPT of proceedings held on 1/31/2011, 4:15 p.m. before Judge Jed S. Rakoff. (rjm) (Entered: 02/16/2011)

Feb. 14, 2011

Feb. 14, 2011

PACER
75

AFFIDAVIT OF SERVICE of Second Amended Complaint served on Attorney General on 2/10/11. Service was accepted by Latish Gilbert. Document filed by Conservative Party, Conservative Party Of New York State, New York Taxpayers Party. (Salzman, Zoe) (Entered: 02/15/2011)

Feb. 15, 2011

Feb. 15, 2011

PACER
77

ANSWER to Amended Complaint. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, Gregory P. Peterson, Todd D. Valentine, James A. Walsh. Related document: 72 Amended Complaint, filed by Working Families Party, Conservative Party, Taxpayers Party. (Attachments: # 1 Certificate of Service)(Yazicioglu, Hale) (Entered: 02/18/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
78

TRANSCRIPT of proceedings held on 1/31/2011 before Judge Jed S. Rakoff. (dnd) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
79

CIVIL CASE MANAGEMENT PLAN: Responses due by 7/18/2011 Replies due by 7/25/2011. Deposition due by 6/15/2011. Discovery due by 6/15/2011. Final Pretrial Conference set for 8/2/2011 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 8/2/2011. All motions and applications shall be governed by Judge Rakoff's Individual Rules of Practice. Counsel shall promptly familiarize themselves with all of the Court's Individual Rules, as well as with the Local Rules for the United States District Court for the Southern District of New York. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/24/2011) (jmi) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
80

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge Jed S. Rakoff on 4/7/2011) (jfe) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
81

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Zoe Salzman, dated 4/22/2011, re: Counsel for the plaintiffs Conservative Party and Taxpayers Party writes with the consent of all the parties to request that Your Honor re-schedule the settlement conference previously set for June 23, 2011 to May 2, 2011 at 11:00 AM in Courtroom 9B. ENDORSEMENT: Application Granted. SO ORDERED. (Settlement Conference set for 5/2/2011 at 11:00 AM in Courtroom 9B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas) (Signed by Magistrate Judge Frank Maas on 4/22/2011) (lnl) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
82

NOTICE OF APPEARANCE by Mimi Murray Digby Marziani on behalf of Conservative Party, Working Families Party (Marziani, Mimi) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

RECAP
83

PRE-CONFERENCE STATEMENT to excuse personal appearance due to distance. Document filed by Evelyn J. Aquila, Robert A. Brehm, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson, Todd D. Valentine, James A. Walsh.(Jemal, Joshua) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
84

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Jashua M. Jemal and Stanley A. Camhi dated 4/28/11 re: counsel for defendants make this application to excuse our clients' personal appearance and allow our clients representatives to participate in this conference via telephone. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Frank Maas on 4/28/11) (pl) Modified on 5/2/2011 (pl). (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

PACER
85

OPINION #100307 re: 45 MOTION to Dismiss filed by Robert A. Brehm, Gregory P. Peterson, Douglas A. Kellner, Todd D. Valentine, James A. Walsh, New York State Board of Elections, Evelyn J. Aquila. Accordingly, the Court, for the foregoing reasons, denied defendants' renewed motion to dismiss. (Signed by Judge Jed S. Rakoff on 5/9/2011) (tro) Modified on 5/11/2011 (ajc). (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

Clearinghouse

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/2/2011. (ft)

Aug. 2, 2011

Aug. 2, 2011

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/16/2011. (lmb)

Aug. 16, 2011

Aug. 16, 2011

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/1/2011. (ft)

Sept. 1, 2011

Sept. 1, 2011

PACER
86

CONSENT JUDGMENT in favor of Conservative Party against New York State Board of Elections, Douglas A. Kellner, Evelyn J. Aquila, Gregory P. Peterson, James A. Walsh, Robert A. Brehm, Todd D. Valentine. (Signed by Judge Jed S. Rakoff on 09/08/2011) (Attachments: # 1 Notice of Right to Appeal)(jnm) (Additional attachment(s) added on 11/9/2011: # 2 Consent Decree) (jab). (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

Clearinghouse
87

NOTICE OF CHANGE OF ADDRESS by Eric Hecker on behalf of All Plaintiffs. New Address: Cuti Hecker Wang LLP, 305 Broadway, Suite 607, New York, NY, 10007,. (Hecker, Eric) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

PACER

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 14, 2010

Closing Date: Nov. 6, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Minor Political Parties, specifically, the Conservative Party, the Working Families Party, and the Taxpayers Party

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Brennan Center for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $199,000

Order Duration: 2011 - 2018

Issues

Voting:

Election administration

Vote dilution