Emily GALLAGHER, Suraj Patel, Katherine Stabile, Jillian Santella, Aaron Seawright, James C. McNamee, Kristin Sage Rockerman, Maria Barva, Miriam Lazewatsky, Myles Peterson, Samantha Pinsky, Christian O'Toole, Tess Harkin, Caitlin Phung, Antonio Pontón-Núñez, 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.https://leagle.com/images/logo.png
Signed October 23, 2020.
Signed October 23, 2020.
Attorney(s) appearing for the Case
Ali Najmi, Law Office of Ali Najmi, Kew Gardens, NY, Jonathan Wallace, Solo Practitioner, Astoria, NY, Remy Green, Cohen&Green, Ridgewood, NY, for Plaintiffs Emily Gallagher, Suraj Patel, Katherine Stabile, Jillian Santella, Aaron Seawright, James C. McNamee, Kristin Sage Rockerman, Maria Barva, Miriam Lazewatsky, Myles Peterson, Samantha Pinsky, Christian O'Toole, Tess Harkin, Caitlin Phung.
Remy Green, Cohen&Green, Ridgewood, NY, for Plaintiffs Antonio Ponton-Nunez, Alessandra Biaggi.
Arthur Z. Schwartz, Advocates for Justice, Chartered Attorneys, New York, NY, for Plaintiff-Intervenors.
Owen Thomas Conroy, Roderick Leopold Arz, New York State Office of the Attorney General, New York, NY, for Defendants New York State Board of Elections, Peter S. Kosinski, Andrew Spano, Todd D. Valentine, Robert A. Brehm, Andrew Cuomo.
Owen Thomas Conroy, Roderick Leopold Arz, New York State, Office of the Attorney General, Douglas A. Kellner, Kellner Herlihy Getty & Friedman LLP, New York, NY, for Defendant Douglas Kellner.
Stephen Edward Kitzinger, New York City Law Depart. Office of the Corporation Counsel, New York, NY, for Defendants Michael J. Ryan, New York City Board of Elections.
ORDER
ANALISA TORRES, District Judge:
This action challenges the constitutionality of the New York Election Law which requires that mail-in absentee ballots be postmarked. N.Y. Elec. Law § 8-412(1). Plaintiffs pursued a similar challenge in the aftermath of New York's June 23, 2020 primary election (the "June...
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