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Establishing a New Position Too Late for a Primary Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 5, 2023

Shapiro v. Berger (Colleen McMahon, S.D.N.Y. 7:04-cv-5895)
A prospective candidate for a new judicial position filed a federal complaint alleging that the position was purposely established too late for a primary election. The district judge denied the candidate a preliminary injunction, concluding that the complaint stated no valid federal constitutional claim.
Subject: Filling vacancies. Topics: Primary election; getting on the ballot; party procedures; matters for state courts.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 2 pages

Tags:
Election Litigation | Filling vacancies | Getting on the Ballot | Matters for State Courts | Party Procedures | Primary Election | Emergency Proceedings | U.S. District Courts | S.D.N.Y.