Filed Date: April 17, 2018
Closed Date: April 22, 2019
Clearinghouse coding complete
The case, filed in the United States District Court for the Western District of New York, centers around the failure to call a special election to fill a congressional vacancy.
On April 17, 2018, Plaintiffs, all registered voters from New York’s 25th Congressional District, filed a lawsuit the Governor of New York, the New York State Board of Elections, and the Monroe County Board of Elections. The plaintiffs alleged that the defendants violated their constitutional rights by failing to schedule a special election to fill the congressional seat left vacant by the death of Congresswoman Louise M. Slaughter on March 16, 2018.
Plaintiffs argued that Governor Cuomo’s failure to call a special election violated the mandate that vacancies in the House of Representatives must be filled through elections called by the state's executive authority. The plaintiffs claimed that by not scheduling a special election, their right to vote was being denied, constituting a violation of the Equal Protection Clause of the Fourteenth Amendment. The failure to act allegedly disrupted the balance of powers, infringing on the legislative branch's ability to function as intended, which was seen as a violation of the constitutional principle of separation of powers, and by not holding a special election, potential candidates were being denied the opportunity to run for office, thereby infringing on their First Amendment rights. Represented by private counsel, Plaintiffs filed suit pursuant to 42 USC 1983.
The plaintiffs filed motions for a writ of mandamus and for an expedited hearing. The plaintiffs also requested the court to order the governor to set an election date not less than 70 and no more than 80 days from the issuance of the proclamation. Additionally, they sought attorney's fees and other costs associated with bringing the action.
However, on April 26, 2018, the court denied the motion for a writ of mandamus, citing the lack of jurisdiction to compel state officials to act via a federal court mandate. Following the denial, the plaintiffs took no further action, including failing to serve their complaint on the defendants. Consequently, no defendant appeared in the case. On March 15, 2019, the court issued an order to show cause, requiring the plaintiffs to explain why the case should not be dismissed for failure to prosecute. The court set an April 15, 2019, deadline for the plaintiffs to respond.
The plaintiffs did not respond to the court's order to show cause. As a result, on April 18, 2019, the court dismissed the case with prejudice under Federal Rule of Civil Procedure 41(b). The dismissal was based on several factors, including the significant delay caused by the plaintiffs' inaction, the lack of prejudice to defendants who had not appeared, and the plaintiffs’ apparent relinquishment of their right to be heard due to their failure to prosecute the case.
The case is now closed.
Summary Authors
Adelina Popescu (5/27/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6377425/parties/seubert-v-andrew-m-cuomo/
Geraci, Frank Paul (New York)
Preston, Andrew K (New York)
See docket on RECAP: https://www.courtlistener.com/docket/6377425/seubert-v-andrew-m-cuomo/
Last updated Aug. 8, 2025, 7:39 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: April 17, 2018
Closing Date: April 22, 2019
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Plaintiffs are individual voters, citizens of the United States and resident of the State of New York, denied their right to vote for a Representative in the vacant Twenty-Fifth Congressional District of New York due to the failure of Defendant Governor to comply with mandatory provisions.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
New York State Board of Elections, State
Monroe County Board of Elections (Monroe), State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Voting: