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GREEN PARTY OF N.Y. STATE v. N.Y. STATE BD. OF ELECTIONS

No. 02-CV-6465(JG).

267 F.Supp.2d 342 (2003)

GREEN PARTY OF NEW YORK STATE, Mark Dunlea, Rachel Treichler, James Lane, Shannon M. Houlihan, John N. Warren, and Lisa Chacon, Plaintiffs, v. NEW YORK STATE BOARD OF ELECTIONS; Carol Berman, Neil W. Kelleher, Helena Moses Donohue, and Evelyn J. Aquila, in their official capacities as Commissioners of the New York State Board of Elections; New York City Board of Elections; Nancy Mottola Schacher, Weyman A. Carey, Michael J. Cilmi, Mark B. Herman, Nero Graham, Jr., Vincent J. Velella, Douglas A. Kellner, Frederic M. Umane, Terrence C. O'Connor, and Stephen H. Weiner, in their official capacities as Commissioners of the New York City Board of Elections, and as representatives of all commissioners of county boards of elections in New York State, Defendants.

United States District Court, E.D. New York.

May 30, 2003.

Attorney(s) appearing for the Case

Jeremy Creelan, Brennan Center for Justice, New York City, for Plaintiffs.

Todd D. Valentine, Peter Kosinski, New York State Board of Elections, Albany, NY, for Defendants.

MEMORANDUM AND ORDER INCLUDING PRELIMINARY INJUNCTION

GLEESON, District Judge.

The plaintiffs in this case are the Green Party of New York State (the "Green Party") and several of its current and prospective members. They claim that certain aspects of New York's voter enrollment scheme infringe on the First Amendment rights of minor political parties and their voters and unreasonably discriminate against them in violation of the Equal Protection Clause...

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