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Speculative Complaint About Polling Place Interference

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
August 8, 2017
Available Online Only

Loeber v. Spargo (Lawrence E. Kahn, N.D.N.Y. 1:04-cv-1193)
A pro se complaint filed a few weeks before the 2004 general election challenged New York districting, among other things. After a hearing on concerns that a United Nations body would oversee New York elections, the district judge dismissed the complaint as speculative and for not naming as defendants parties against whom an injunction would provide the plaintiffs with their desired relief. In 2010, the court of appeals affirmed dismissal of an amended complaint for failure to state a federal cause of action.
Subject: Polling place activities. Topics: Pro se party; malapportionment; Help America Vote Act (HAVA); interlocutory appeal; three-judge court; case assignment.

One of many Case Studies in Emergency Election Litigation.