Case: Price v. The Albany County Board

1:06-cv-01083 | U.S. District Court for the Northern District of New York

Filed Date: Sept. 8, 2006

Closed Date: Oct. 8, 2008

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Case Summary

This case challenges the constitutionality of Election Law § 7-122 under both the First and Fourteenth Amendments. Election Law §7-122(1)(a) provides that: “ballots for absentee voters shall be, as nearly as practicable, in the same form as those to be voted in the district on election day, if any, except that ballots for primary elections shall omit the party position of ward, town, city or county committee and except further that such ballots need not have a stub, and shall have the words …

Plaintiffs filed suit on September 8, 2006 pursuant to 42 U.S.C. §1983 and §1988 asking the Court to declare Election Law § 7-122 unconstitutional and to enjoin defendants from enforcing it. Plaintiffs are (1) David Price, a candidate for the party position of Albany County Committeeman for the 14th Ward 6th District, City of Albany (“14-6 Committeeman”) to be voted upon at a primary election September 12, 2006; (3) The Albany County Republican Committee; and (3) Martha McMahon and James Thornton, absentee voters. Defendants named in the original complaint were the Albany County Board of Elections and The New York State Board of Election.

The Board prepared the official absentee ballot for the September 12, 2006 Republican Party primary. Pursuant to the mandate of Election Law 7-122(1)(a), the absentee ballot did not include provisions for the voters to cast a ballot for the party position of 14-6 Committeeman. Martha McMahon and James Thornton sought to vote by absentee ballot for the Republican primary.

On the same day as the Complaint, Plaintiffs moved for a Temporary Restraining Order (“TRO”) and a Preliminary Injunction, asking the court to order the County Board to immediately distribute to all eligible Republican Primary absentee voters an absentee ballot that contained a provision for casting a ballot for the party position of 14-6 Committeeman. The Republican Party’s need for emergency relief was premised on the fact that the Republican Primary was scheduled for September 12, 2006, four days away.

The TRO was granted on September 11, 2006. The Court issued an injunction ordering that the Albany County Board of Elections provide the voters with an absentee ballot that contained a provision to vote for the party position of 14-6 Committeeman to Martha McMahon and James Thornton. The Court further ordered that the Albany County Board of Elections should not tally, canvass, or cast the supplemental ballots until and unless ordered by this Court and not to certify a winner of the election for the party position of 14-6 Committeeman unless and until ordered by the court.

Following the election, on September 28, 2006, the Republican Party filed an amended complaint, which added State Board Commissioners Neil Kelleher, Douglas Kellner, Evelyn Aquila, and Helena Moses Donohue as defendants. In addition, as the Albany County Board had no interest in defending the constitutionality of the Election Law, plaintiffs dismissed them from the action. However, dismissal was premised on agreement that the County was to abide by the terms and provisions of the Court entered on September 11, 2006 and all subsequent orders of the Court with respect to the tallying, canvassing, and/or casting of the absentee ballots with respect to the certification of a winner of 14-6 Committeeman.

On May 9, 2007, the parties filed a proposed order via letter indicating that they conferred to narrow the facts and issues and agreed the case involved questions of law. Accordingly, to conserve judicial resources, they requested, and the Court ordered the parties to make cross motions for summary judgment.

Plaintiffs filed a Motion for Summary Judgment on July 13, 2007, seeking to have the Court (1) declare that New York Election Law § 7-122(1)(a) unconstitutionally restricts Plaintiffs’ rights as secured by the First and Fourteenth Amendments to the United States Constitution; (2) order Defendant to notify and inform all the County Boards of Elections in the State of New York that § 7-122(1)(a) has been declared by this Court to be unconstitutional; (3) order Albany County Board of Elections to open, canvass and tally the absentee ballots of plaintiff-voters; (4) grant Plaintiffs’ request for costs and attorney's fees, pursuant to 42 U.S.C. § 1988; and (5) grant any other further and different relief that seems to this Court as just and proper.

Plaintiffs argued its constitutional rights were violated in several ways. First, Plaintiffs claimed that Election Law § 7-122 violates the equal protection rights of individual plaintiffs McMahon and Thornton because it burdens the fundamental right to vote. Second, that Election Law § 7-122 violates Plaintiff Price’s First Amendment right to ballot access. Lastly, Plaintiffs argued that Election Law § 7-122 violates the Republican Committee’s First Amendment right to associate with absentee voters.

The New York State Board of Elections filed a cross-motion to dismiss on July 30, 2007 which argued: (1) Election Law § 7-122 is presumed to be constitutional; (2) the state has authority to prescribe the manner of voting and restrict the right to receive an absentee ballot to specific elections; and (3) New York State has a compelling interest to limit distribution of absentee ballots for political party office.

Plaintiffs filed their cross-motion to dismiss on September 13, 2007. The Court heard oral argument on October 4, 2007. On October 22, 2007 the Court denied Plaintiffs’ motion for summary judgment and granted the New York State Board of Elections’ cross-motion to dismiss. Price v. N.Y. State Bd. of Elections, 2007 WL 3104327 (N.D.N.Y. Oct. 22, 2007). The Court held that New York Election Law §7-122 does not burden a fundamental right, and it is rationally related to a legitimate government interest. The TRO dated September 11, 2006 was ordered dissolved, and the Complaint dismissed.

Plaintiffs filed an appeal to the United States Courts of Appeals for the Second Circuit on November 20, 2007. The Court of Appeal ordered that the judgment of the district court is reversed, and the case remanded. The district court was instructed to enter judgment for the plaintiffs on those of their claims for which they moved for summary judgment. Price v. N.Y. State Bd. of Elections, 540 F.3d 101, 112 (2d Cir. 2008).

On October 8, 2008 the District Court ordered that Plaintiff’s motion for summary judgment is granted and defendants’ cross-motion to dismiss denied in accordance with the Mandate issued by the 2nd Circuit.

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Summary Authors

Ashleigh Gideon (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5433721/parties/price-v-the-albany-county-board-of-elections/

Judge(s)

Sharpe, Gary L. (New York)

Attorney for Plaintiff

Marcelle, Thomas (New York)

Attorney for Defendant

Burns, Kristina A. (New York)

Graber, Joel (New York)

Murray, Patricia L. (New York)

Judge(s)

Sharpe, Gary L. (New York)

Attorney for Plaintiff

Marcelle, Thomas (New York)

Attorney for Defendant

Burns, Kristina A. (New York)

Graber, Joel (New York)

Murray, Patricia L. (New York)

Valentine, Todd D. (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3 1:06-cv-01083	Emergency MOTION for Temporary Restraining Order by The Albany County Republican Committee, Martha McMahon, James Thornton Price, Et Al V. The Albany County Board, Et Al	Sept. 8, 2006	Sept. 8, 2006 Pleading / Motion / Brief
1 1:06-cv-01083	Complaint Price, Et Al V. The Albany County Board, Et Al	Sept. 8, 2006	Sept. 8, 2006 Complaint
4 1:06-cv-01083	Return on Application for Order to Show Cause for TRO Price, Et Al V. The Albany County Board, Et Al	Sept. 11, 2006	Sept. 11, 2006 Order/Opinion
6 1:06-cv-01083	Order Price, Et Al V. The Albany County Board, Et Al	Sept. 11, 2006	Sept. 11, 2006 Order/Opinion
8 1:06-cv-01083	Stipulation of Dismissal Price, Et Al V. The Albany County Board, Et Al	Sept. 28, 2006	Sept. 28, 2006 Pleading / Motion / Brief
9 1:06-cv-01083	Amended Complaint Price, Et Al V. The Albany County Board, Et Al	Sept. 28, 2006	Sept. 28, 2006 Complaint
11 1:06-cv-01083	Stipulation/Order of Dismissal Price, Et Al V. The Albany County Board, Et Al	Oct. 2, 2006	Oct. 2, 2006 Order/Opinion
21 1:06-cv-01083	Order Re Request for Cross-Motions for Summary Judgment Price, Et Al V. The Albany County Board, Et Al	May 9, 2007	May 9, 2007 Order/Opinion
23 1:06-cv-01083	Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment Price, Et Al V. The Albany County Board, Et Al	July 13, 2007	July 13, 2007 Pleading / Motion / Brief
25 1:06-cv-01083	Defendant's Memorandum of Law in Support of Cross Motion to Dismiss and Opposition to Plaintiff's Motion for Summary Judgmement Price, Et Al V. The Albany County Board, Et Al	July 30, 2007	July 30, 2007 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5433721/price-v-the-albany-county-board-of-elections/

Last updated March 11, 2025, 10:43 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against The Albany County Board of Elections, The New York State Board of Elections ( Filing fee $ 350 receipt number ALB002770) filed by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton.(ban) (Entered: 09/08/2006)	Sept. 8, 2006	Sept. 8, 2006 RECAP
	Summons Issued as to The Albany County Board of Elections, The New York State Board of Elections. (ban)	Sept. 8, 2006	Sept. 8, 2006 PACER
2	G.O. 25 FILING ORDER ISSUED Initial Conference set for 1/4/2007 10:00 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 12/26/2006. (ban) (Entered: 09/08/2006)	Sept. 8, 2006	Sept. 8, 2006 PACER
3	Emergency MOTION for Temporary Restraining Order by The Albany County Republican Committee, Martha McMahon, James Thornton. (Attachments: # 1 Affirmation Tom Marcelle in suport of the TRO# 2 Memorandum of Law Letter biref in support of TRO)(Marcelle, Thomas) (Entered: 09/08/2006) 1 Affirmation Tom Marcelle in suport of the TRO View on PACER 2 Memorandum of Law Letter biref in support of TRO View on PACER	Sept. 8, 2006	Sept. 8, 2006 RECAP
4	Minute Entry for proceedings held before Judge Gary L. Sharpe : Show Cause Hearing held on 9/11/2006 re: 3 Motion for TRO, filed by James Thornton,, The Albany County Republican Committee,, Martha McMahon, APPEARANCES: Tom Marcelle, Esq., for the plaintiff; Todd Valentine, Patricia Murray Esqs., for the defendant; Kristina Burns, Esq. for deft.;1:05pm In Court. Oral argument begins. Pltf is seeking relief as to two absentee ballots/voters; NYS BOE argues; County BOE takes no position, but advises that this condition may exist in other elections and that all voters may not be addressed; Court=acknowledges that votes must count and grants the TRO to a limited extent to take care of the immediate problem; Counsel for Pltfs to submit proposed Order, crafted to take into account the eventuality of the matter. 2:20pm Adj. (Court Reporter B. Buckley; CRD: W. Griffin) (wjg, ) (Entered: 09/11/2006)	Sept. 11, 2006	Sept. 11, 2006 RECAP
5	MOTION for Temporary Restraining Order by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton. (Attachments: # 1 Proposed Order/Judgment)(Marcelle, Thomas) (Entered: 09/11/2006) 1 Proposed Order/Judgment View on PACER	Sept. 11, 2006	Sept. 11, 2006 RECAP
6	ORDER on 3 Appliaction for Order to Show Cause for TRO. Signed by Judge Gary L. Sharpe on 9/11/06. (wjg, ) (Entered: 09/12/2006)	Sept. 11, 2006	Sept. 11, 2006 RECAP
7	NOTICE by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton re 6 Order on Motion for TRO, advising Court of election status (Marcelle, Thomas) (Entered: 09/13/2006)	Sept. 13, 2006	Sept. 13, 2006 RECAP
8	STIPULATION of Dismissal by The Albany County Board of Elections, David Price, The Albany County Republican Committee, Martha McMahon, James Thornton submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 09/28/2006)	Sept. 28, 2006	Sept. 28, 2006 RECAP
9	AMENDED COMPLAINT against all defendants filed by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton. (Attachments: # 1 Proposed Amended Pleading Red Line)(Marcelle, Thomas) (Entered: 09/28/2006) 1 Proposed Amended Pleading Red Line View on PACER	Sept. 28, 2006	Sept. 28, 2006 RECAP
10	Update Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting Update submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 09/28/2006)	Sept. 28, 2006	Sept. 28, 2006 RECAP
	TEXT ONLY NOTICE of Hearing: Telephone Conference has been set for 10/2/2006 at 10:00 AM in Albany before Judge Gary L. Sharpe. Plaintiffs' counsel is directed to conference in all counsel, then initiate the conference call to chambers at 518-257-1870.(jel, )	Sept. 29, 2006	Sept. 29, 2006 PACER
	Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Telephone Status Conference held on 10/2/2006; Appearances made by telephone: T. Marcelle for plaintiff, K. Burns, Esq., for Albany County Board of Elections and T. Valentine, Esq., for States Board of Elections; Court discusses stipulation and amended complaint. Atty. Marcelle indicated that added in amended complaint for the purpose that stip was not ordered as of yet; Court advises that the order will be signed today. Court will enter on the docket that the stip is so order and the Albany County Board of elections will be stricken from the amended complaint to clean up the docket. Court turns to temporary restraining order; Atty. Marcelle turns to provision 1 of stipulation; Court turns to time of dissolving TRO; Counsel explains their positions to this issue; Court states that this issue will be resolved at the time of the motions. (Tape or CD #GLS06-7) Time: 10:00-10:20 a.m. (jel, )	Oct. 2, 2006	Oct. 2, 2006 PACER
11	STIPULATION/ORDER OF DISMISSAL AS to Defendant Albany County Board of Elections only. Pursuant to this stipulation and the telephone conference held on October 2, 2006, the defendant Albany County Board of Elections is STRICKEN as a named defendant in this action. The Temporary Restraining Order remains in full effect with the issue to be resolved at the time of the motion hearing. Signed by Judge Gary L. Sharpe on 10/2/2006. (jel, ) (Entered: 10/02/2006)	Oct. 2, 2006	Oct. 2, 2006 RECAP
12	ANSWER to Amended Complaint by The New York State Board of Elections.(Valentine, Todd) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
13	ANSWER to Amended Complaint by Neil W. Kelleher, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue.(Valentine, Todd) (Entered: 10/18/2006)	Oct. 18, 2006	Oct. 18, 2006 PACER
14	Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting Update for Judge Sharpe submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 12/28/2006)	Dec. 28, 2006	Dec. 28, 2006 RECAP
15	NOTICE/ORDER that the Rule 16 Conference currently set for January 4, 2007 before Judge Treece is ADJOURNED. The Court will issue a Uniform Pretrial Scheduling Order (UPSO) without holding a conference. Signed by Judge Randolph F. Treece on 12/29/06. (ban) (Entered: 12/29/2006)	Dec. 29, 2006	Dec. 29, 2006 PACER
16	CIVIL CASE MANAGEMENT PLAN by The New York State Board of Elections, David Price, The Albany County Republican Committee, Neil W. Kelleher, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue, Martha McMahon, James Thornton.(Per Judge Treece's Chambers this CVCMP was filed by all parties, they just forgot to sign it).(ban) (Entered: 12/29/2006)	Dec. 29, 2006	Dec. 29, 2006 PACER
17	UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 2-3 days. Preferred Trial Location: Albany.Joinder of Parties due by 3/9/2007.,Amended Pleadings due by 2/9/2007.,Discovery due by 3/9/2007.,Motions to be filed by 4/9/2007. Signed by Judge Randolph F. Treece on 12/29/06. (ban) (Entered: 12/29/2006)	Dec. 29, 2006	Dec. 29, 2006 PACER
18	RECORD of Proceedings: Order to Show Cause hearing held on 9/11/06 before Judge Sharpe, Court Reporter: Bonnie Buckley. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Redact with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal data identifiers is not necessary and the transcript will be made available on the web. Notice of Intent to Redact due by 1/11/2007 (bjb, ) (Entered: 01/04/2007)	Jan. 4, 2007	Jan. 4, 2007 PACER
19	TRANSCRIPT of Proceedings (Unredacted): Order to Show Cause hearing held on 9/11/06 before Judge Sharpe, Court Reporter: Bonnie Buckley. (bjb, ) (Entered: 01/24/2007)	Jan. 24, 2007	Jan. 24, 2007 PACER
	TEXT ONLY NOTICE, the motion filing deadline expired on April 9, 2007. The case is now deemed trial ready. The case has been moved to the trial ready list. A trial order will be issued in due time setting a deadline for filing of pretrial submissions, a final pretrial conference and a trial date. (jel, )	April 11, 2007	April 11, 2007 PACER
20	Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting Opportunity to make a motion submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 05/04/2007)	May 4, 2007	May 4, 2007 RECAP
21	ORDER granting 20 Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting Opportunity to make a motion. Signed by Judge Gary L. Sharpe on 5/9/2007. (jel, ) (Entered: 05/09/2007)	May 9, 2007	May 9, 2007 RECAP
22	MOTION for Summary Judgment Motion Hearing set for 8/16/2007 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 7/30/2007,Reply to Response to Motion due by 8/6/2007. by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton. (Attachments: # 1 Affirmation of Thomas Marcelle with exhibits# 2 Statement of Material Facts pursuant to Rule 7) (Marcelle, Thomas) (Entered: 07/13/2007)	July 13, 2007	July 13, 2007 PACER
23	MEMORANDUM OF LAW re 22 Motion for Summary Judgment, filed by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton. (Marcelle, Thomas) (Entered: 07/13/2007)	July 13, 2007	July 13, 2007 RECAP
24	Cross MOTION to Dismiss by The New York State Board of Elections. (Attachments: # 1 Memorandum of Law) (Valentine, Todd) Modified on 8/7/2007 (jel, ). (Entered: 07/30/2007) 1 Memorandum of Law View on PACER	July 30, 2007	July 30, 2007 RECAP
25	RESPONSE in Opposition re 22 MOTION for Summary Judgment filed by The New York State Board of Elections. (Valentine, Todd) (Entered: 07/30/2007)	July 30, 2007	July 30, 2007 RECAP
26	STATEMENT OF MATERIAL FACTS re 22 MOTION for Summary Judgment filed by The New York State Board of Elections. (Valentine, Todd) (Entered: 07/30/2007)	July 30, 2007	July 30, 2007 RECAP
	CLERK'S CORRECTION OF DOCKET ENTRY - Deleted deadlines to the 24 Cross-Motion to Dismiss filed by the defendants. Pursuant to Local Rule 7.1(c), the cross-motion may be filed and served at the time opposition papers to the original motion are filed. The original moving party may reply in further support of the original motion and in opposition to the cross-motion with a reply/opposition brief that does not exceed twenty-five (25) pages in length, exclusive of exhibits. The reply/opposition papers must be filed with the Court and served on the other parties not less than ELEVEN DAYS prior to the return date of the original motion. The cross-moving party may not reply in further support of its cross-motion without the Court's prior permission. (jel, )	Aug. 7, 2007	Aug. 7, 2007 PACER
	TEXT ONLY NOTICE of Hearing on Motion 24 Cross MOTION to Dismiss, 22 MOTION for Summary Judgment : Due to a conflict in the court's calendar, the Motion Hearing has been reset for 10/4/2007 at 09:00 AM in Albany before Judge Gary L. Sharpe. Oral argument will be required unless otherwise notified.(jel, )	Aug. 9, 2007	Aug. 9, 2007 PACER
27	Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting to file a response to cross-motion submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 08/13/2007)	Aug. 13, 2007	Aug. 13, 2007 RECAP
28	LETTER dated August 13, 2007 by Tom Marcelle, Esq., and ORDER Setting Hearing on Motion; reply to the response to the 22 MOTION for Summary Judgment and response to the 24 Cross MOTION to Dismiss to be filed on or before September 13, 2007: Reply to Response to Motion due by 9/13/2007. Signed by Judge Gary L. Sharpe on 8/17/2007. (jel, ) (Entered: 08/17/2007)	Aug. 17, 2007	Aug. 17, 2007 RECAP
29	REPLY to Response to Motion re 24 Cross MOTION to Dismiss filed by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton. (Marcelle, Thomas) (Entered: 09/13/2007)	Sept. 13, 2007	Sept. 13, 2007 RECAP
30	Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Motion Hearing held on 10/4/2007 re 24 Cross MOTION to Dismiss filed by The New York State Board of Elections, 22 MOTION for Summary Judgment filed by David Price, Martha McMahon, The Albany County Republican Committee, James Thornton; Attorney Appearances Made: Thomas Marcelle, Esq., for the plaintiffs and Todd D. Valentine, Esq., for the defendants; Court turns to strict scrutiny and rational basis review; plaintiff suggesting exception to process of commitment elected before process; goes to whether rational basis exist. Atty. Marcelle states term expires on election day; seven day window; two arguments why irrational; can be certified up to 9 days later; absentee ballots take up to 7 days; could certify in 1 day but would be virtually impossible; certification took 6 days stated in record; Court states 60 registered voters; currently exist is 10, 7 and 7. Two ballots under seal. Atty. Marcelle states default mechanism. Very small number; did not affect on goings of Republican committee; up to 7 days for absentee ballot; issues a ballot has to be postmarked and then board tracks it; in with day or two after primary election; 7 day period is outside period; what makes irrational have certification process take longer than absentee no harm to state allowing absentees; in theory the NYSBOEl, states DiCarlo case; the party chairman can make nomination; can happen delay of certification or absentee ballots; given ballots wont delay; COA has a solution that chairman can act; contest for committee seats are rare; if have to act there are several elections wont stop committee from having a quorum to act. Atty. Valentine states longstanding, difference in case, absentee ballots not in right to vote; argument here is not about right to vote but privilege of absentee ballots; right to restrict in certain matters; not only votes that do not receive absentee ballots; limited to certain elections; distinction legislature drew; position of those voters; discusses certification time; discusses ballot canvassing; primary election was delayed. Atty. Marcelle states has a hearing on October 9th for a conservative primary; will be filing a new action in Kingston; discusses New York State Election Law. Court will RESERVE on decision; Court presumes that plaintiff should lose what would court do with sealed ballots. Atty. Marcelle would present order to court to preserve those ballots until the appeal was perfected. Court inquires what happened to ballots if plaintiff does not prevail. Atty. Valentine states would be destroyed after 2 years of the election. Court RESERVES decision. (Court Reporter Bonnie Buckley) Time: 10:05-10:25 a.m. (jel, ) (Entered: 10/05/2007)	Oct. 4, 2007	Oct. 4, 2007 RECAP
31	COURT EXHIBIT - Standard of Review. (jel, ) (Entered: 10/05/2007)	Oct. 4, 2007	Oct. 4, 2007 PACER
32	MEMORANDUM-DECISION and ORDER, that the Republican Party's 22 Motion for Summary Judgment is DENIED, and the State Board's 24 Cross-Motion to Dismiss is GRANTED; that the TRO dated September 11, 2006 is dissolved; that the complaint is dismissed. Signed by Judge Gary L. Sharpe on 10/22/2007. (jel, )	Oct. 22, 2007	Oct. 22, 2007 RECAP
33	* REVERSED PURSUANT TO THE 38 2ND CIRCUIT MANDATE FILED ON SEPTEMBER 30, 2008 * JUDGMENT in favor of The New York State Board of Elections, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue, Neil W. Kelleher against The Albany County Republican Committee, David Price, James Thornton, Martha McMahon. (jel, ) Modified on 10/8/2008 (jel, ). (Entered: 10/22/2007)	Oct. 22, 2007	Oct. 22, 2007 RECAP
34	Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting Stay pending appeal submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 11/16/2007)	Nov. 16, 2007	Nov. 16, 2007 RECAP
35	NOTICE OF APPEAL by David Price, The Albany County Republican Committee, Douglas A. Kellner, James Thornton. Filing fee $ 455, receipt number 898936. (Marcelle, Thomas) (Entered: 11/20/2007)	Nov. 20, 2007	Nov. 20, 2007 RECAP
36	LETTER/ORDER, that the plaintiffs' 34 letter requesting Stay pending appeal is GRANTED in all respects. Signed by Judge Gary L. Sharpe on 11/21/2007. (jel, ) (Entered: 11/21/2007)	Nov. 21, 2007	Nov. 21, 2007 RECAP
37	ELECTRONIC NOTICE sent to US Court of Appeals re 35 Notice of Appeal. APPEALS packet sent to attorney. (tm) (Entered: 11/29/2007)	Nov. 29, 2007	Nov. 29, 2007 PACER
	USCA Case Number is 07-5367-cv for pltfs' 35 Notice of Appeal. (cbm, )	Jan. 2, 2008	Jan. 2, 2008 PACER
38	MANDATE of USCA as to 35 Notice of Appeal - The judgment of the district court is REVERSED and the case is REMANDED in accordance with the opinion of this court. The district court is instructed to enter judgment for the plaintiffs on those of their claims for which they moved for summary judgment. (dmf) (Additional attachment(s) added on 10/3/2008: # 1 slip opinion) (cbm, ). (Entered: 09/30/2008) 1 slip opinion View on PACER	Sept. 30, 2008	Sept. 30, 2008 RECAP
39	Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting Entry of Judgement submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 10/08/2008)	Oct. 8, 2008	Oct. 8, 2008 RECAP
40	JUDGMENT: IT IS ORDERED, that the plaintiffs' motion for summary judgment is GRANTED and the defendants' cross-motion to dismiss is DENIED, in accordance with the Mandate issued by the 2nd Circuit and filed with this Court on September 30, 2008 (Attachments: # 1 2nd Circuit Opinion, # 2 Judge Livingston opinion) (jel, ) (Entered: 10/08/2008) 1 2nd Circuit Opinion View on PACER 2 Judge Livingston opinion View on PACER	Oct. 8, 2008	Oct. 8, 2008 RECAP
41	LETTER dated October 8, 2008 by Thomas Marcelle, Esq., and Order granting plaintiffs' 39 Letter Request to withdraw claim for nominal damages and allow plaintiffs' (30) thirty days from the date of the entry of judgment for a fee application pursuant to 1988. Signed by Judge Gary L. Sharpe on 10/8/2008. (jel, ) (Entered: 10/08/2008)	Oct. 8, 2008	Oct. 8, 2008 RECAP
	Court received a delivery failure notice on #39 Letter Motion as to Atty Kristina Burns; Deputy Clerk Price contacted Albany County to inquire as to updated e-mail address and was advised that Atty Burns is no longer affiliated with Albany County and another attorney will be handling the case; Deputy Clerk reminded of the need to electronically file a Notice of Appearance once it is determined who will be taking over the case. (dictplp)	Oct. 15, 2008	Oct. 15, 2008 PACER
42	Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting Extension of Time submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 11/06/2008)	Nov. 6, 2008	Nov. 6, 2008 RECAP
43	LETTER dated November 6, 2008 by Tom Marcelle, Esq., and ORDER granting request for an extension of (30) thirty days to file a fee application pursuant to 1988. Signed by Judge Gary L. Sharpe on 11/7/2008. (jel, ) (Entered: 11/07/2008)	Nov. 7, 2008	Nov. 7, 2008 PACER
44	Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting extension of time submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 12/09/2008)	Dec. 9, 2008	Dec. 9, 2008 PACER
45	LETTER dated December 9, 2008 by Tom Marcelle, Esq., and ORDER granting request for a (30) thirty day extension to file a fee application pursuant to section 1988. Signed by Judge Gary L. Sharpe on 12/10/2008. (jel, ) (Entered: 12/10/2008)	Dec. 10, 2008	Dec. 10, 2008 PACER
46	MOTION for Extension of Time to File for attorney's fee application filed by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton. Motions referred to Randolph F. Treece. (Marcelle, Thomas) (Entered: 01/20/2009)	Jan. 20, 2009	Jan. 20, 2009 PACER
47	LETTER dated January 19, 2009 by Tom Marcelle, Esq., and ORDER granting 46 MOTION for Extension of Time to File for attorney's fee application until February 3, 2009. Signed by Judge Gary L. Sharpe on 1/21/2009. (jel, ) (Entered: 01/21/2009)	Jan. 21, 2009	Jan. 21, 2009 PACER
48	MOTION for Attorney Fees Motion Hearing set for 3/5/2009 10:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 2/17/2009 Reply to Response to Motion due by 2/23/2009. filed by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton. (Attachments: # 1 Affirmation in support of fee application) (Marcelle, Thomas) (Entered: 02/03/2009)	Feb. 3, 2009	Feb. 3, 2009 PACER
	TEXT ONLY NOTICE of Hearing on Motion 48 MOTION for Attorney Fees : Response to Motion due by 3/2/2009. Reply to Response to Motion due by 3/9/2009. Motion Hearing set for 3/19/2009 at 09:00 AM in Albany before Judge Gary L. Sharpe. (jel, )	Feb. 11, 2009	Feb. 11, 2009 PACER
	TEXT ONLY ORDER, the defendants are directed to file a letter indicating they do not intend to oppose the 48 MOTION for Attorney Fees or to file their response to the 48 MOTION for Attorney Fees on or before March 13, 2009. If the defendants elect to file a response, the plaintiffs' reply is to be filed on or before March 20, 2009. Once all papers have been received by the court, a notice will be sent to the parties advising of the motion return date. Issued by Judge Gary L. Sharpe on 3/6/2009. (jel, )	March 6, 2009	March 6, 2009 PACER
49	Letter Motion from NY AAG Joel Graber for The New York State Board of Elections requesting Extension of time to file response to an application for attorney's fees submitted to Judge Sharpe. (Valentine, Todd) (Entered: 03/13/2009)	March 13, 2009	March 13, 2009 PACER
50	ORDER granting 49 Letter Request; 48 MOTION for Attorney Fees : Response to Motion due by 4/10/2009, Reply to Response to Motion due by 4/24/2009. Signed by Judge Gary L. Sharpe on 3/16/09. (ban) (Entered: 03/16/2009)	March 16, 2009	March 16, 2009 PACER
51	NOTICE of Appearance by Joel Graber on behalf of The New York State Board of Elections, Neil W. Kelleher, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue (Graber, Joel) (Entered: 03/18/2009)	March 18, 2009	March 18, 2009 PACER
52	Second MOTION for Extension of Time to File Response/Reply TO APPLICATION FOR ATTORNEY'S FEES filed by The New York State Board of Elections, Neil W. Kelleher, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue. Motions referred to Randolph F. Treece. (Graber, Joel) (Entered: 04/06/2009)	April 6, 2009	April 6, 2009 PACER
53	ORDER granting 52 Motion for Extension of Time to File Response/Reply re 48 MOTION for Attorney Fees: Request is GRANTED. Response to Motion due by 4/24/2009, Reply to Response to Motion due by 5/8/2009. Once all motion papers have been received by the court, notice will be sent to the parties advising of the new return date. No further extensions will be permitted. Signed by Judge Gary L. Sharpe on 4/7/09. (ban) (Entered: 04/07/2009)	April 7, 2009	April 7, 2009 PACER
	TEXT ONLY NOTICE of Hearing on Motion 48 MOTION for Attorney Fees : Motion Hearing has been set for 5/28/2009 at 09:00 AM in Albany before Judge Gary L. Sharpe on SUBMIT only. No appearances are needed. (jel, )	May 5, 2009	May 5, 2009 PACER
54	MEMORANDUM OF LAW IN OPPOSITION TO MOTION FOR ATTORNEY'S FEES filed by The New York State Board of Elections, Neil W. Kelleher, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue. (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix)(Graber, Joel) (Entered: 05/14/2009)	May 14, 2009	May 14, 2009 PACER
55	AFFIDAVIT in Opposition re 48 MOTION for Attorney Fees filed by The New York State Board of Elections, Neil W. Kelleher, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s))(Graber, Joel) (Entered: 05/14/2009)	May 14, 2009	May 14, 2009 PACER
56	Letter Motion from Tom Marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting Time to Reply submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 05/19/2009)	May 19, 2009	May 19, 2009 PACER
57	ORDER granting 56 Letter Request. Plaintiff's Request is Granted. Plaintiffs' Reply papers are to be filed on or before 6/3/2009. The motion hearing scheduled for May 28, 2009 at 9:00am has been adjourned without date. Signed by Judge Gary L. Sharpe on 5/20/09. (ban) (Entered: 05/20/2009)	May 20, 2009	May 20, 2009 PACER
58	Letter Motion from tom marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting extension of time submitted to Judge Sharpe. (Marcelle, Thomas) (Entered: 06/01/2009)	June 1, 2009	June 1, 2009 PACER
59	ORDER granting 58 Letter Request, 48 MOTION for Attorney Fees : Reply to Response to Motion due by 6/8/2009. Signed by Judge Gary L. Sharpe on 6/2/09. (ban) (Entered: 06/02/2009)	June 2, 2009	June 2, 2009 PACER
60	Letter Motion from tom marcelle for David Price, The Albany County Republican Committee, Martha McMahon, James Thornton requesting extension of time submitted to Judge sharpe. (Marcelle, Thomas) (Entered: 06/09/2009)	June 9, 2009	June 9, 2009 PACER
61	LETTER dated June 9, 2009 by Tom Marcelle, Esq., and ORDER granting request for an extension of time to file a reply until June 16, 2009 to the response to the 48 MOTION for Attorney Fees :( Reply to Response to Motion due by 6/16/2009). Signed by Judge Gary L. Sharpe on 6/10/2009. (jel, ) (Entered: 06/10/2009)	June 10, 2009	June 10, 2009 PACER
62	REPLY to Response to Motion re 48 MOTION for Attorney Fees filed by David Price, The Albany County Republican Committee, Martha McMahon, James Thornton. (Attachments: # 1 Memorandum of Law)(Marcelle, Thomas) (Entered: 06/17/2009)	June 17, 2009	June 17, 2009 PACER
	TEXT ONLY NOTICE of Hearing on Motion 48 MOTION for Attorney Fees : Motion Hearing set for 7/2/2009 at 09:00 AM in Albany before Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. (jel, )	June 18, 2009	June 18, 2009 PACER
63	MEMORANDUM-DECISION AND ORDER granting 48 Motion for Attorney Fees. Signed by Judge Gary L. Sharpe on 12/4/09. (tab)	Dec. 4, 2009	Dec. 4, 2009 RECAP
64	JUDGMENT for attorney's fees in favor of The Albany County Republican Committee, David Price, James Thornton, Martha McMahon against The New York State Board of Elections, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue, Neil W. Kelleher. (tab) (Entered: 12/04/2009)	Dec. 4, 2009	Dec. 4, 2009 PACER

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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. 8, 2006

Closing Date: Oct. 8, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

(1) David Price, a candidate for the party position of Albany County Committeeman for the 14th Ward 6th District, City of Albany (“14-6 Committeeman”) to be voted upon at a primary election September 12, 2006; (2) The Albany County Republican Committee; and (3) Martha McMahon and James Thornton, absentee voters.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Albany County Board of Elections (Albany, Albany), County

The New York State Board of Election, State

Defendant Type(s):

Jurisdiction-wide