Case: Pidot v. New York State Board Of Elections

2:16-cv-03527 | U.S. District Court for the Eastern District of New York

Filed Date: June 27, 2016

Closed Date: July 6, 2016

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Case Summary

This is a case about whether one of the plaintiffs is allowed on the ballot for the House of Representatives race in the Third Congressional District of New York.  On June 27, 2016, plaintiff, a duly registered Republican voter, filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the New York State Board of Elections and affiliated personnel. Plaintiffs sought declaratory and injunctive relief under the Equal Protection Clause of the Fourteent…

This is a case about whether one of the plaintiffs is allowed on the ballot for the House of Representatives race in the Third Congressional District of New York. 

On June 27, 2016, plaintiff, a duly registered Republican voter, filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the New York State Board of Elections and affiliated personnel. Plaintiffs sought declaratory and injunctive relief under the Equal Protection Clause of the Fourteenth Amendment and the First Amendment. They claimed that the defendants failed to ensure that the plaintiff who wished to run for the House of Representatives was included on the primary ballot.

The plaintiffs alleged that the lawsuit arises from prolonged attempts by the defendant Co-Chair of the New York State Board of Elections to insulate himself from any Republican primary challenge at the expense of thousands of Republican voters in the Third Congressional District. According to the plaintiffs, Plaintiff Pidot followed the applicable rules and obtained the proper number of signatures required in support of his Republican candidacy for the Office of Representative to the U.S. Congress. After a challenge to the number of signatures that Plaintiff Pidot had, the Supreme Court in Nassau County ultimately determined on June 23rd that Plaintiff Pidot had filed more than enough valid signatures to appear on the Republican Primary ballot. However, the court denied as "impossible" that Plaintiff Pidot's petition to compel the State Board of Elections to place his name on the ballot for the primary election to be held on June 28th. 

On June 27, 2016, the Court issued an Order stating that the plaintiffs did not serve the defendants and confirmed that they are not seeking to enjoin the primary election scheduled to take place on June 28th, but rather are seeking to enjoin certification of a Republican candidate as it relates to the general election ballot for Representative in Congress for New York's Third Congressional District. The Court directed plaintiffs to serve the complaint and the Order on the defendants by June 28th. The Court held a temporary restraining order was not necessary as plaintiffs did not demonstrate any irreparable harm that would occur by June 28th in the absence of an injunction related to the general election ballot. A Court conference was held on June 29, 2016, and the defendants submitted a letter memorandum in opposition to the plaintiffs' Complaint on July 5, 2016. Also on July 5, 2016, however, the plaintiffs filed a notice of voluntary dismissal without prejudice. The case was terminated on that date. 

Summary Authors

LFAA (1/13/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4520993/parties/pidot-v-new-york-state-board-of-elections/


Judge(s)

Bianco, Joseph Frank (New York)

Attorney for Plaintiff

Goldfeder, Jerry H. (New York)

Attorney for Defendant

Kellner, Douglas A. (New York)

McCann, William John (New York)

Nocella, Joseph (New York)

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Documents in the Clearinghouse

Document
1

2:16-cv-03527

Complaint

Phillips v. Lorain County Board of

June 27, 2016

June 27, 2016

Complaint
11

2:16-cv-03527

Order Directing Plaintiffs to Serve Complaint and Scheduling Conference

Pidot v. New York State Board of Elections

June 27, 2016

June 27, 2016

Order/Opinion
17

2:16-cv-03527

Minutes Entry for Proceeding on Order to Show Cause

Pidot v. New York State Board of Elections

June 29, 2016

June 29, 2016

Order/Opinion
23

2:16-cv-03527

Notice of Voluntary Dismissal

Pidot v. New York State Board of Elections

July 5, 2016

July 5, 2016

Pleading / Motion / Brief
24

2:16-cv-03527

Motion to Intervene by Macedo, et al

Pidot v. New York State Board of Elections

July 5, 2016

July 5, 2016

Pleading / Motion / Brief
24

2:16-cv-03527

Motion to Intervene by Macedo, et. al.

Pidot v. New York State Board of Elections

July 5, 2016

July 5, 2016

Pleading / Motion / Brief
25

2:16-cv-03527

Letter Motion to Dismiss and Brief in Opposition

Pidot v. New York State Board of Elections

July 5, 2016

July 5, 2016

Correspondence
26

2:16-cv-03527

Order Dismissing Case

Pidot v. New York State Board of Elections

July 6, 2016

July 6, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4520993/pidot-v-new-york-state-board-of-elections/

Last updated March 31, 2026, 5:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Nancy Hawkins, Philip Pidot. (Attachments: # 1 Civil Cover Sheet) (Kanellopoulos, John) (Entered: 06/28/2016)

1 Civil Cover Sheet

View on RECAP

June 27, 2016

June 27, 2016

Clearinghouse
2

Summons Issued as to New York State Board of Elections. (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

3

Summons Issued as to Peter Kosinski. (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

4

Summons Issued as to Douglas Kellner. (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

5

Summons Issued as to Andrew J. Spano. (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

6

Summons Issued as to Gregory P. Peterson. (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

7

Summons Issued as to Todd D. Valentine. (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

8

Summons Issued as to Robert A. Brehm. (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

9

Summons Issued as to Jack Martins. (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

10

Unsigned Order to Show Cause by Nancy Hawkins, Philip Pidot (Attachments: # 1 Declaration) (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

11

ORDER: As set forth on the record, plaintiffs did not serve the defendants and confirmed that they are not seeking to enjoin the primary election scheduled to take place tomorrow but rather are seeking, inter alia, to enjoincertification of a Republican candidate as it relates to the general election ballot for Representative in Congress for New York's Third Congressional District. The Court has directed plaintiffs to serve the complaint and accompanying papers (and this Order) on the defendants by tomorrow andhas scheduled a conference for 10:45 a.m. on Wednesday, June 29, 2016, to give defendants an opportunity to be heard regarding the Order to Show Cause. The Court does not believe that any temporary restraining order is necessary as plaintiffs have not demonstrated, in light of the fact that the primary is going to place tomorrow, any irreparable harm that will occur by Wednesdaymorning in the absence of an injunction related to the general election ballot.. Ordered by Judge Joseph F. Bianco on 6/27/2016. (Bollbach, Jean) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

Clearinghouse
12

Pro Se Consent to Electronic Notification by Philip Pidot (Kanellopoulos, John) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

FILING FEE: $ 400.00, receipt number 20516 (Kanellopoulos, John)

June 27, 2016

June 27, 2016

13

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Kanellopoulos, John) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

14

NOTICE of Appearance by Brian Lee Quail on behalf of Robert A. Brehm, Douglas Kellner, Peter Kosinski, New York State Board of Elections, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine (aty to be noticed) (Quail, Brian) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

15

NOTICE of Appearance by William John McCann, Jr on behalf of Robert A. Brehm, Douglas Kellner, Peter Kosinski, New York State Board of Elections, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine (aty to be noticed) (McCann, William) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

Filing Fee Received

June 28, 2016

June 28, 2016

16

NOTICE of Appearance by Douglas A. Kellner on behalf of Douglas Kellner (aty to be noticed) (Kellner, Douglas) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

17

Minute Entry for proceedings held before Judge Joseph F. Bianco:order to show cause held on 6/29/2016, motin response by 7/5/16, reply by 7/7/16 ( oral argument set for 7/11/2016 01:30 PM in Courtroom 1020 before Judge Joseph F. Bianco.) (Tape #ftr 11:09 - 11:59.) (Bollbach, Jean) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

Clearinghouse
18

SUMMONS Returned Executed by Philip Pidot. Jack Martins served on 6/27/2016, answer due 7/18/2016; Todd D. Valentine served on 6/27/2016, answer due 7/18/2016. (Bollbach, Jean) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

19

First Motion to Appear by Telephone by Robert A. Brehm, Douglas Kellner, Peter Kosinski, New York State Board of Elections, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (McCann, William) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

20

NOTICE of Appearance by Joseph Nocella on behalf of Jack Martins (aty to be noticed) (Nocella, Joseph) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

Order on Motion to Appear by Telephone

June 30, 2016

June 30, 2016

ORDER granting 19 Motion to Appear by Telephone. The Court has received defendant New York State Board of Elections and related defendants' request to participate telephonically at the oral argument scheduled for July 11, 2016. The request is granted. IT IS HEREBY ORDERED that defendant New York State Board of Elections and related defendants may participate telephonically at the oral argument scheduled for July 11, 2016. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/30/2016. (Dolecki, Lauren)

June 30, 2016

June 30, 2016

21

NOTICE of Appearance by Jerry H. Goldfeder on behalf of All Plaintiffs (aty to be noticed) (Goldfeder, Jerry) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

22

NOTICE of Appearance by David V. Simunovich on behalf of All Plaintiffs (aty to be noticed) (Simunovich, David) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

23

NOTICE of Voluntary Dismissal by Nancy Hawkins, Philip Pidot (Goldfeder, Jerry) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

Clearinghouse
24

First MOTION to Intervene by Macedo, et. al. filed on behalf of John Ciampoli with his permission by Jack Martins. (Attachments: # 1 Appendix Timeline, # 2 Exhibit Exhibits A&B, # 3 Exhibit Exhibit C part 1 of 4, # 4 Exhibit Exhibit C part 2 of 4, # 5 Exhibit Exhibit C part 3 of 4, # 6 Exhibit Exhibit C part 4 of 4) (Nocella, Joseph) (Entered: 07/05/2016)

1 Appendix Timeline

View on PACER

2 Exhibit Exhibits A&B

View on PACER

3 Exhibit Exhibit C part 1 of 4

View on PACER

4 Exhibit Exhibit C part 2 of 4

View on PACER

5 Exhibit Exhibit C part 3 of 4

View on PACER

6 Exhibit Exhibit C part 4 of 4

View on PACER

July 5, 2016

July 5, 2016

Clearinghouse
25

Letter MOTION to Dismiss and Brief in Opposition by Jack Martins. (Nocella, Joseph) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

Clearinghouse
26

ORDER DISMISSING CASE voluntarily without prejudice. The clerk of the court shall close the case.. Ordered by Judge Joseph F. Bianco on 7/6/2016. (Bollbach, Jean) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

Clearinghouse

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: June 27, 2016

Closing Date: July 6, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Republican candidate for U.S Congress in New York's Third Congressional District and a registered Republican voter

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Jack Martins

State

Andrew Spano, in his offiical capacity as Commissioner of the New York State Board of Elections

Douglas Keller, in his offical capacity as Co-Chair of the New York State Board of Elections

Gregory Peterson, in his offiical capacity as Commissioner of the New York State Board of Elections

New York State Board of Elections

Peter Kosinski, in his offical capacity as Co-Chair of the New York State Board of Elections

Robert Brehm, in his offical capacity as Executive Directors of the New York State Board of Elections

Todd Valentine, in his offical capacity as Executive Directors of the New York State Board of Elections

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Eastern District of New York 2:16-cv-03527

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Recommended Citation