Filed Date: March 24, 2009
Closed Date: March 26, 2009
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On March 24, 2009, Attorney General, on behalf of the United States of America, filed suit in the United States District Court for the Northern District of New York against the State of New York, the Governor of the State of New York, and the New York State Board of Elections. The Attorney General sued the Defendants under the Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”), 42 U.S.C. §§ 1973 et seq. The case was assigned to district judge Gary Sharpe.
The Attorney General sought declaratory relief to ensure that absent uniformed service voters and overseas voters, who were otherwise qualified to vote, had the opportunity to vote in a special election for New York’s 20th Congressional District.
Specifically, the Governor of New York had called a special election to fill a vacancy in New York’s 20th Congressional District. Pursuant to New York state law, once the Governor proclaims a special election to fill a Congressional vacancy, the election must be held not less than 30 nor more than 40 days from the date of the proclamation.
The Attorney General argued that the State of New York’s election officials had failed to mail absentee ballots to a vast majority of UOCAVA voters on a date sufficiently in advance of the scheduled special election, therefore depriving those United States citizens their opportunity to vote in violation of UOCAVA. For relief, the Attorney General sought a declaratory judgment that the State of New York’s failure to send absentee ballots sufficiently in advance on the election date violated UOCAVA and requested injunctive relief to require the State of New York to count absentee ballots executed by the election date and received within 14 days after the election date.
On March 26, 2009, the parties moved for, and the Court entered, a consent decree agreeing to the requested relief, thereby extending the deadline to receive ballots from absentee voters under UOCAVA. This case is closed.
Summary Authors
Timothy Harvey (12/15/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5468207/parties/united-states-v-state-of-new-york/
Baxter, Andrew T. (New York)
Cagino, Diane (New York)
Dellheim, Richard A. (New York)
Collins, Paul M. (New York)
Dvorin, Jeffrey M. (New York)
See docket on RECAP: https://www.courtlistener.com/docket/5468207/united-states-v-state-of-new-york/
Last updated Sept. 5, 2025, 4:55 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: March 24, 2009
Closing Date: March 26, 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States of America
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Governor of the State of New York, State
New York State Board of Elections, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
Voting: