Case: Campanello v. New York State Board of Elections

2:16-cv-01892 | U.S. District Court for the Eastern District of New York

Filed Date: April 18, 2016

Closed Date: June 21, 2016

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Case Summary

This is a case about voters who were disenfranchised or purged from the voter rolls in New York state. On April 18, 2016, certain individuals who were disenfranchised or purged from the voter rolls in New York state, as representatives of all similarly situated voters, filed this lawsuit in the Eastern District of New York. The plaintiffs sued the New York State Board of Elections under 42 U.S.C. Section 1983, Section 2 of the Voting Rights Act, and the laws of the United States and New York El…

This is a case about voters who were disenfranchised or purged from the voter rolls in New York state.

On April 18, 2016, certain individuals who were disenfranchised or purged from the voter rolls in New York state, as representatives of all similarly situated voters, filed this lawsuit in the Eastern District of New York. The plaintiffs sued the New York State Board of Elections under 42 U.S.C. Section 1983, Section 2 of the Voting Rights Act, and the laws of the United States and New York Election Law, claiming that hundreds of thousands of New York voters, including specifically Hispanic and African American voters, were purged from the voter rolls. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief. The same day, the plaintiffs filed a motion for a temporary restraining order. The case was assigned to Judge Sandra J. Feuerstein.

On April 19, 2016, the Court denied the plaintiff’s temporary restraining order application and granted a stay so that the plaintiffs could include the correct parties, namely the county Boards of Elections. On April 27, 2016, the plaintiffs filed an amended complaint to correct this.

On June 7, 2016, the New York State Board of Elections filed a motion to dismiss for failure to state a claim and deny plaintiffs’ motion for a preliminary injunction. The Board of Elections’ main arguments were that the plaintiffs failed to add all relevant County Boards of Elections as defendants and they failed to avail themselves of state law provisions that would have eliminated their claimed injuries. On June 21, 2016, the Court dismissed and closed the case.

Summary Authors

(7/26/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4325416/parties/campanello-v-new-york-state-board-of-elections/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Badwan, Mohammed Omar (New York)

Bee, Peter A (New York)

Brennan, John T. (New York)

Brown, Patrick E. (New York)

Broz, Alycia N (New York)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document
1

2:16-cv-01892

Verified Complaint for Injunctive and Declaratory Relief

Campanello v. New York State Board Of Elections, et al.

April 18, 2016

April 18, 2016

Complaint
7

2:16-cv-01892

Civil Minutes - Show Cause Hearing

Campanello v. New York State Board Of Elections, et al.

April 19, 2016

April 19, 2016

Pleading / Motion / Brief
11

2:16-cv-01892

Amended Complaint

Campanello v. New York State Board Of Elections, et al.

April 27, 2016

April 27, 2016

Complaint
17-1

2:16-cv-01892

Defendant State BOE's Notice of Motion to Dismiss

Campanello v. New York State Board Of Elections, et al.

June 7, 2016

June 7, 2016

Pleading / Motion / Brief
17-2

2:16-cv-01892

State Defendants'' Memo of Law in Support of MSD and in Opposition of Plaintiffs' Motion for PI

Campanello v. New York State Board Of Elections, et al.

June 7, 2016

June 7, 2016

Pleading / Motion / Brief
17-3

2:16-cv-01892

Transcript of Order to Show Cause

Campanello v. New York State Board Of Elections, et al.

June 7, 2016

June 7, 2016

Transcript

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4325416/campanello-v-new-york-state-board-of-elections/

Last updated Sept. 28, 2025, 11:35 p.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 Ashley Peacock, Lisa Beattie, Alexandra K. Clark, Christopher Britten, Leonard Joseph Campanello, Steven Richter, Michelle Olmo Garcia, Edgar Marty, Rebecca Pebbles, Fabrizio Milito, David Morrision, Sr, Emily Braunstein, Lisa Kanbar, Chandler Wilson. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Civil Cover Sheet) (McMahon, Carol) (Entered: 04/18/2016)

1 Exhibit Part 1

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2 Exhibit Part 2

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3 Exhibit Part 3

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4 Exhibit Part 4

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5 Civil Cover Sheet

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April 18, 2016

April 18, 2016

Clearinghouse
2

Proposed Order to Show Cause for Preliminary Injunction, Temporary Restraining Order and Declaratory Judgment by Lisa Beattie, Emily Braunstein, Christopher Britten, Leonard Joseph Campanello, Alexandra K. Clark, Michelle Olmo Garcia, Lisa Kanbar, Edgar Marty, Fabrizio Milito, David Morrision, Sr, Ashley Peacock, Rebecca Pebbles, Steven Richter, Chandler Wilson (McMahon, Carol) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

Clearinghouse
3

AFFIDAVIT of Emergency by Blaire P. Fellows, Esq.; re: 2 Proposed Order to Show Cause, by All Plaintiffs. (McMahon, Carol) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

RECAP
4

FILING FEE: $ 400.00, receipt number 19985 - received on 4/18/16 after register was closed; receipted on 4/19/16. (McMahon, Carol) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
5

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. (McMahon, Carol) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

RECAP
6

NOTICE of Appearance by Ralph Pernick on behalf of All Defendants (aty to be noticed) (Pernick, Ralph) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
7

Minute Entry for proceedings held before Judge Joanna Seybert, miscellaneous duty: Show Cause Hearing held on 4/19/2016. Argument heard. T.R.O. application denied. Case returned to Judge Feuerstein for further proceedings. Amended complaint to be filed by 4/26/2016. Both sides' briefings to be filed by 4/29/2016. (Court Reporter PA) (Baran, Charles) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

Clearinghouse
8

NOTICE of Appearance by Douglas A. Kellner on behalf of Douglas A. Kellner (aty to be noticed) (Kellner, Douglas) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

RECAP

Pretrial Order

April 19, 2016

April 19, 2016

PACER
9

MOTION for Extension of Time to File responses to plaintiffs' motion for a preliminary injunction, and to plaintiffs' complaint by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentie. (Pernick, Ralph) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

RECAP
10

ORDER granting 9 Motion for Extension of Time to File responses to plaintiffs' motion for a preliminary injunction, and to plaintiffs' complaint. Ordered by Judge Sandra J. Feuerstein on 4/26/2016. (Florio, Lisa) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

RECAP
11

AMENDED COMPLAINT against Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine, New York City Board of Elections in the City of New York, Michael Ryan, Kings County Board of Elections, John Flateau, Simon Shamoun, Diane Haslett-Rudiano, Betty Ann Canizio, Queens County Board of Elections, New York City Board Of Elections, Bronx County Board of Elections, Nassau County Board of Elections, Suffolk County Board of Elections, filed by Ashley Peacock, Lisa Beattie, Alexandra K. Clark, Christopher Britten, Leonard Joseph Campanello, Steven Richter, Michelle Olmo Garcia, Edgar Marty, Rebecca Pebbles, Fabrizio Milito, David Morrision, Sr, Emily Braunstein, Lisa Kanbar, Chandler Wilson. (Attachments: # 1 exhibits a-c, # 2 exhibits d-e, # 3 exhibits f-h, # 4 exhibit i) (Florio, Lisa) (Entered: 04/28/2016)

1 exhibits a-c

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2 exhibits d-e

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3 exhibits f-h

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4 exhibit i

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April 27, 2016

April 27, 2016

Clearinghouse
12

First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8579170. by Leonard Joseph Campanello. (Fellows, Blaire) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

May 4, 2016

May 4, 2016

PACER
13

Consent MOTION for Extension of Time to File Answer, and opposition to plaintiffs' preliminary injunction motion, by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Pernick, Ralph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

Clearinghouse
14

Letter (cover letter to plaintiffs' attorneys of State defendants' motion to dismiss and opposition to plaintiffs' preliminary injunction motion) by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine (Pernick, Ralph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

Clearinghouse
15

Letter MOTION for Extension of Time to File Answer re 11 Amended Complaint,,, by Nassau County Board of Elections. (Sanghvi, Alpa) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
16

ORDER granting 13 Motion for Extension of Time to Answer re 11 Amended Complaint, and opposition to plaintiffs' preliminary injunction motion. Ordered by Judge Sandra J. Feuerstein on 5/17/2016. (Florio, Lisa) (Entered: 05/18/2016)

May 17, 2016

May 17, 2016

PACER

Order on Motion for Extension of Time to Answer

May 18, 2016

May 18, 2016

PACER
17

Motion to Dismiss for Failure to State a Claim [main document is letter requesting that the motion be considered as unopposed], by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentie, Todd D. Valentine. (Attachments: # 1 Notice of Motion, # 2 Memorandum in Support, # 3 Exhibit - transcript of proceedings held on April 19, 2016, # 4 Exhibit - decision in Moody v NYS BOE) (Pernick, Ralph) (Entered: 06/07/2016)

1 Notice of Motion

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2 Memorandum in Support

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3 Exhibit - transcript of proceedings held on April 19, 2016

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4 Exhibit - decision in Moody v NYS BOE

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June 7, 2016

June 7, 2016

PACER

Scheduling Order

June 15, 2016

June 15, 2016

PACER
18

Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Initial Conference Hearing held on 6/21/2016. Case called. Case is dismissed. Case closed. (Florio, Lisa) (Entered: 06/29/2016)

June 21, 2016

June 21, 2016

RECAP

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: April 18, 2016

Closing Date: June 21, 2016

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals who were disenfranchised or purged from the voter rolls in New York, as representatives of all disenfranchised and purged voters in the state of New York.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State Board of Elections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Race discrimination

Voting:

Voter registration rules

Voting: General & Misc.