Credico et al v. New York State Board of Elections et al
| Mark Axinn, Richard Corey, Randy Credico and Andrew J. Miller |
| Evelyn J. Aquila, Douglas A. Kellner, New York State Board of Elections, Gregory P. Peterson and James A. Walsh |
| 1:2010cv04555 |
| October 6, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Raymond J. Dearie |
| Cheryl L. Pollak |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
95
MEMORANDUM & ORDER: In accordance with the August 2, 2013 Order of this Court and the June 19, 2013 Report and Recommendation of Magistrate Judge Pollak, injunctive and declaratory relief is granted to plaintiff Libertarian Party of New York. Def endants are enjoined from implementing N.Y. Elec. L. § 7-1 04(4)( e) to the extent that it would prevent candidates who have been nominated only by more than one independent body from appearing on the ballot row or column of each such independen t body, where (a) the independent body has been assigned a ballot row or column and (b) omitting the candidate from that ballot row or column would result in a blank space on the ballot. Ordered by Judge Raymond J. Dearie on 8/6/2013. (Chee, Alvin)
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Filing
94
ORDER ADOPTING REPORT AND RECOMMENDATION: The Report and Recommendation of Magistrate Judge Pollak, dated 6/19/13, is adopted without qualification. The Clerk will enter judgment accordingly. Forwarded for judgment. Ordered by Judge Raymond J. Dearie on 8/2/2013. (Chee, Alvin)
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Filing
19
AMENDED MEMORANDUM & ORDER: I conclude that, under the circumstances, plaintiffs have demonstrated a clear or substantial likelihood of establishing that the burdens imposed on their important First Amendment and Fourteenth Amendment rights of politi cal affiliation outweigh New York's asserted interest in enforcing § 7.104.4(e). Accordingly, I grant plaintiffs' motion for preliminary injunction. The Commissioners are hereby enjoined from enforcing New York Election Law § 7. 104.4(e), and I direct them to certify the ballot in the November 2, 2010 general election so that Randy Credico's name is placed on the ballot lines for both the Libertarian Party and the APP. Ordered by Chief Judge Raymond J. Dearie on 10/28/2010. (Chee, Alvin)
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Filing
17
MEMORANDUM & ORDER: I hereby vacate my order to the extent that it enjoined defendants from enforcing New York Election Law § 7.104.4(e), and directed them to place Credico's name on the ballot lines for both the Libertarian Party and the APP. Vacation of my order is without prejudice to this case going forward on plaintiffs' claim that § 7.104.4(e) is unconstitutional. Ordered by Chief Judge Raymond J. Dearie on 10/27/2010. (Chee, Alvin)
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Filing
12
MEMORANDUM & ORDER: I conclude that under the circumstances, the burdens imposed on plaintiffs' important First Amendment and Fourteenth Amendment rights of political affiliation outweigh New York's asserted interest in enforcing § 7.1 04.4(e). Accordingly, I grant plaintiffs' motion for preliminary injunction. The Commissioners are hereby enjoined from enforcing New York Election Law § 7.104.4(e), and I direct them to certify the ballot in the November 2, 2010 general election so that Randy Credico's name is placed on the ballot lines for both the Libertarian Party and the APP. Ordered by Chief Judge Raymond J. Dearie on 10/25/2010. (Chee, Alvin)
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