Case: United States v. Board Of Elections of the State of New York

1:25-cv-01338 | U.S. District Court for the Northern District of New York

Filed Date: Sept. 25, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

Filed on September 25, 2025, in the U.S. District Court for the Northern District of New York, United States v. State of New York is one of six coordinated enforcement actions brought by the U.S. Department of Justice, Civil Rights Division, against election officers in California, New Hampshire, New York, Michigan, Pennsylvania, and Minnesota to compel state compliance with federal voter list maintenance and record disclosure requirements under the National Voter Registration Act of 1993 (NVRA…

Filed on September 25, 2025, in the U.S. District Court for the Northern District of New York, United States v. State of New York is one of six coordinated enforcement actions brought by the U.S. Department of Justice, Civil Rights Division, against election officers in California, New Hampshire, New York, Michigan, Pennsylvania, and Minnesota to compel state compliance with federal voter list maintenance and record disclosure requirements under the National Voter Registration Act of 1993 (NVRA), the Help America Vote Act of 2002 (HAVA), and Title III of the Civil Rights Act of 1960 (CRA).

The Department sued the Board of Elections of the State of New York, its Co-Executive Directors Kristen Zebrowski Stavisky and Raymond Riley III, Commissioners Peter Kosinski, Henry Berger, Anthony Casale, and Essma Bagnuola, and the State of New York. The complaint alleges that New York refused to provide an unredacted copy of its Statewide Voter Registration List (SVRL)—including registrants’ names, dates of birth, addresses, driver’s license numbers, and the last four digits of Social Security numbers—after multiple written requests from the Attorney General in June and August 2025. The Department argues that the state’s privacy and disclosure laws are preempted by federal law, and that the refusal obstructs federal oversight of whether New York is properly maintaining its voter rolls.

The complaint asserts three causes of action:

  1. Civil Rights Act of 1960 (52 U.S.C. § 20703): New York unlawfully refused to provide election records demanded by the Attorney General.
  2. National Voter Registration Act (52 U.S.C. § 20507(i)): New York failed to make available records necessary to assess whether it is making reasonable efforts to remove ineligible voters.
  3. Help America Vote Act (52 U.S.C. § 21083): New York failed to maintain a uniform, accurate computerized voter registration list and to provide information needed to verify compliance.


The Department seeks declaratory and injunctive relief ordering New York to produce a complete electronic copy of its SVRL and related maintenance records and declaring that any conflicting provisions of state law are preempted by federal law. No monetary damages or attorneys’ fees are sought.

This case is ongoing.

Summary Authors

Michael Vandergriff (10/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71457474/parties/united-states-v-board-of-elections-of-the-state-of-new-york/


Judge(s)

D'Agostino, Mae Avila (New York)

Attorney for Plaintiff
Attorney for Defendant

Alerasool, Omeed (New York)

Berry, Patrick (New York)

Celli, Andrew G. (New York)

Eisenberg, Daniel M. (New York)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-01338

Complaint for Declaratory and Injunctive Relief

Sept. 25, 2025

Sept. 25, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71457474/united-states-v-board-of-elections-of-the-state-of-new-york/

Last updated Oct. 28, 2025, 1:38 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Essma Bagnuola, Henry Berger, Board Of Elections of the State of New York, Anthony Casale, Peter Kosinski, Raymond Riley, III, State of New York and Kristen Zebrowski Stavisky filed by United States of America. (Attachments: # 1 Civil Cover Sheet) (dpk) (Entered: 09/25/2025)

1 Civil Cover Sheet

View on RECAP

Sept. 25, 2025

Sept. 25, 2025

Clearinghouse
2

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/29/2025 at 9:30 AM in Albany before Magistrate Judge Paul J. Evangelista. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/22/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

3

NOTICE OF ADMISSION REQUIREMENT as to Party United States of America. Attorneys Harmeet K. Dhillon, Michael E. Gates, Maureen S. Riordan and Timothy F. Mellett admissions due by 10/9/2025. (dpk) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

4

TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (dpk) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

5

REQUEST FOR ISSUANCE OF SUMMONS(ES): United States of America is requesting summons(es) be issued as to All Defendants (Neff, Eric) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

TEXT NOTICE OF FILING DEFICIENCY as to United States of America. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 9/30/2025. (dpk)

Sept. 25, 2025

Sept. 25, 2025

Clerk emailed the Dkt. No. 3 Notice of Admission Requirement, along with the Dkt. No. 2 G.O. 25 Filing Order to Attorney Riordan and Attorney Mellett on 9/25/2025. Clerk mailed the Dkt. No. 3 Notice of Admission Requirement, along with the Dkt. No. 2 G.O. 25 Filing Order via regular mail to Attorney Dhillon and Attorney Gates on 9/25/2025. (hmr)

Sept. 26, 2025

Sept. 26, 2025

6

Summons Issued as to Essma Bagnuola, Henry Berger, Board Of Elections of the State of New York, Anthony Casale, Peter Kosinski, Raymond Riley, III, State of New York and Kristen Zebrowski Stavisky. (Attachments: # 1 Summons Issued as to New York State) (dpk) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

10

NOTICE OF APPEARANCE by Daniel M. Eisenberg on behalf of National Association for the Advancement of Colored People, National Association for the Advancement of Colored People New York State Conference (Eisenberg, Daniel) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

7

MOTION to Intervene filed by National Association for the Advancement of Colored People, National Association for the Advancement of Colored People New York State Conference. Response to Motion due by 10/22/2025 (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s) A: Declaration of Anthony P. Ashton in Support of Motion, # 3 Exhibit(s) B: Declaration of Joy Williams in Support of Motion, # 4 Exhibit(s) C: Proposed Answer) Motions referred to Paul J. Evangelista. (Celli, Andrew) (Entered: 10/01/2025)

1 Memorandum of Law

View on RECAP

2 Exhibit(s) A: Declaration of Anthony P. Ashton in Support of Motion

View on RECAP

3 Exhibit(s) B: Declaration of Joy Williams in Support of Motion

View on RECAP

4 Exhibit(s) C: Proposed Answer

View on RECAP

Oct. 1, 2025

Oct. 1, 2025

RECAP
8

NOTICE OF APPEARANCE by Andrew G. Celli, Jr on behalf of National Association for the Advancement of Colored People, National Association for the Advancement of Colored People New York State Conference (Celli, Andrew) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

RECAP
9

NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of National Association for the Advancement of Colored People, National Association for the Advancement of Colored People New York State Conference (Rosenfeld, Katherine) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

RECAP
11

TEXT ORDER STAYING CASE Pursuant to General Order #48: It is hereby ORDERED that this case is STAYED pursuant to General Order #48. It is further ORDERED that ALL Court deadlines in this case are STAYED between October 1, 2025, and the date the President signs into law a budget appropriation that restores Department of Justice funding. It is further ORDERED that the US Attorney's Office is directed to notify the Court immediately upon the restoration of Department of Justice funding by filing a status report on the case docket. Signed by U.S. District Judge Mae A. D'Agostino on 10/7/2025.(ban, ) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

Order Staying Case

Oct. 7, 2025

Oct. 7, 2025

12

MOTION for Limited Admission Pro Hac Vice of Tina Meng Morrison. Filing fee $100, receipt number 27S419N8 filed by National Association for the Advancement of Colored People, National Association for the Advancement of Colored People New York State Conference. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Judge Paul J. Evangelista. (dpk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

13

MOTION for Limited Admission Pro Hac Vice of Omeed Alerasool. Filing fee $100, receipt number 27S419LS filed by National Association for the Advancement of Colored People, National Association for the Advancement of Colored People New York State Conference [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Judge Paul J. Evangelista. (dpk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

14

Supplemental Admission documents re: 12 Motion for Limited Admission Pro Hac Vice submitted via MFT - Certificate of Good Standing [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY]. (dpk) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

15

TEXT ORDER granting 13 Motion for Limited Admission Pro Hac Vice of Omeed Alerasool, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case.. Authorized by Magistrate Judge Paul J. Evangelista on 10/9/2025. (tab) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

Order on Motion for Limited Admission Pro Hac Vice

Oct. 9, 2025

Oct. 9, 2025

Notice of Attorney Admission Filing Deficiency re: 12 Motion for Limited Admission Pro Hac Vice,. Pursuant to LR 83.1(d), the applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be transmitted to the Court via MFT found on the Court's website https://www.nynd.uscourts.gov/submitting-files-court-mft and labeled 'Supplemental Admission documents'. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. Notice of Compliance Deadline 10/23/2025 (jel, )

Oct. 9, 2025

Oct. 9, 2025

16

NOTICE OF APPEARANCE by Omeed Alerasool on behalf of National Association for the Advancement of Colored People, National Association for the Advancement of Colored People New York State Conference (Alerasool, Omeed) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

RECAP
17

TEXT ORDER granting 12 Motion for Limited Admission Pro Hac Vice of Tina Meng Morrison, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case.. Authorized by Magistrate Judge Paul J. Evangelista on 10/15/2025. (tab) (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

Order on Motion for Limited Admission Pro Hac Vice

Oct. 15, 2025

Oct. 15, 2025

18

NOTICE OF APPEARANCE by Tina Meng Morrison on behalf of National Association for the Advancement of Colored People, National Association for the Advancement of Colored People New York State Conference (Meng Morrison, Tina) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

19

MOTION for Limited Admission Pro Hac Vice of John O'Kelly. Filing fee $100, receipt number 27SHD6PD [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Judge Paul J. Evangelista. (dpk) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

20

MOTION to Intervene as Defendant filed by League of Women Voters of New York State. Response to Motion due by 11/14/2025 (Attachments: # 1 Memorandum of Law in support of Motion to Intervene as Defendant, # 2 Exhibit(s) Proposed Answer, # 3 Declaration of Erica Smitka, # 4 Declaration of Kimberly Cameron, # 5 Declaration of Bijaya Khadka) Motions referred to Paul J. Evangelista. (Berry, Patrick) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

21

NOTICE OF APPEARANCE by Patrick Berry on behalf of League of Women Voters of New York State (Berry, Patrick) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

Case Details

State / Territory:

New York

Case Type(s):

Presidential/Gubernatorial Authority

Election/Voting Rights

Key Dates

Filing Date: Sept. 25, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Department of Justice, Civil Rights Division.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Board of Elections, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Other Dockets:

Northern District of New York 1:25-cv-01338

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Document/information produced

Source of Relief:

Litigation

Issues

Voting:

Voter registration rules