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CONSERVATIVE PARTY EX REL. LONG v. WALSH

No. 10 Civ. 6923(JSR).

818 F.Supp.2d 670 (2011)

CONSERVATIVE PARTY, by Mike LONG, its Chairman, and Paul Atanasio, its Treasurer; Working Families Party, by Robert P. Master, its Chairperson, Daniel Cantor, its Executive Director, and Dorothy Siegel, its Treasurer; and Taxpayers Party, by David Nezelek and Rus Thompson, Plaintiffs, v. James A. WALSH, Douglas A. Kellner, Evelyn J. Aquila, and Gregory P. Peterson, in their official capacities as Commissioners of the New York State Board of Elections; Todd D. Valentine and Robert A. Brehm, in their official capacities as Co-Executive Directors of the New York State Board of Elections, Defendants.

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

May 10, 2011.

Attorney(s) appearing for the Case

Andrew G. Celli, Eric Hecker, Zoe Antonia Salzman, Emery Celli Brinckerhoff & Abady, LLP, Laurence D. Norden, Wendy R. Weiser, New York, NY, Plaintiffs.

Peter A. Bee, Joshua Michael Jemal, Bee, Ready, Fishbein, Hatter & Donovan, LLP, Mineola, NY, Hale Yazicioglu, Stanley Albert Camhi, Steven Robert Schlesinger, Jaspan Schlesinger LLP, Garden City, NY, Harry Kresky, Law Office of Harry Kresky, New York, NY, for Defendants.

OPINION

JED S. RAKOFF, District Judge.

On February 3, 2011, plaintiffs the Conservative Party, the Working Families Party, and the Taxpayers Party filed a Second Amended Complaint pursuant to 42 U.S.C. § 1983 challenging the constitutionality of New York Election Law § 9-112(4)1 (the "Statute") and its corresponding regulation, 9 N.Y.C.R.R. § 6210.13(A)(7)2 (the "Regulation"...

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