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Challenging a Victor’s Residence Qualification

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 14, 2023

Harris v. Diaz (Richard M. Berman, S.D.N.Y. 1:04-cv-9124)
A district judge dismissed a postelection complaint that a victorious legislature candidate did not live in the district he was elected to represent. On the one hand, the appropriate proceeding would be a state-court quo warranto action; on the other hand, the time to challenge eligibility was before the election.
Subject: Voting irregularities. Topics: Enjoining certification; matters for state courts; laches.

One of many Case Studies in Emergency Election Litigation.