GALLAGHER v. NEW YORK STATE BD. OF ELECTIONS

20 Civ. 5504 (AT).

477 F.Supp.3d 19 (2020)

Emily GALLAGHER, Suraj Patel, Katherine Stabile, Jillian Santella, Aaron Seabright, James C. McNamee, Kristin Sage Rockerman, Maria Barva, Miriam Lazewatsky, Myles Peterson, Samantha Pinsky, Christian O'Toole, Tess Harkin, Caitlin Phung, Antonio Pontex-Nunez, individually and on behalf of all others similarly situated, Plaintiffs, v. NEW YORK STATE BOARD OF ELECTIONS; Peter S. Kosinski, Andrew Spano, and Douglas Kellner, individually and in their official capacities as Commissioners of the New York State Board of Elections; Todd D. Valentine, Robert A. Brehm, individually and in their official capacities as Co-Executive Directors of the New York State Board of Elections; and Andrew Cuomo as Governor of the State of New York, Defendants. Maria D. Kaufer and Ethan Felder, Plaintiff-Intervenors, v. New York State Board of Elections; Peter S. Kosinski, Andrew Spano, and Douglas Kellner, individually and in their official capacities as Commissioners of the New York State Board of Elections; Todd D. Valentine, Robert A. Brehm, individually and in their official capacities as Co-Executive Directors of the New York State Board of Elections; and Andrew Cuomo as Governor of the State of New York; New York City Board of Elections; Patricia Anne Taylor individually and as President of the New York City Board of Elections; and Michael J. Ryan, individually and as the Executive Director of the New York City Board of Elections, Defendants.

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

Signed August 3, 2020.


Attorney(s) appearing for the Case

Remy Green, Cohen & Green, Ridgewood, NY, for Plaintiffs.


OPINION AND ORDER

In this action, fourteen New York City voters who voted by absentee ballot in New York's June 23, 2020 primary election (the "June 23 Primary"), and four candidates on the ballot allege that their rights under the First and Fourteenth Amendments to the United States...

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