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Allowing Any Voter to Challenge Primary Election Ballot Petitions

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
August 31, 2015
Available Online Only

Queens County Republican Committee ex rel. Maltese v. New York State Board of Elections (Arthur D. Spatt, 2:02-cv-4836) and Soleil v. New York (David G. Trager and Allyne R. Ross, 1:04-cv-3247) (E.D.N.Y.)
A district judge denied a challenge to election laws that permit persons outside of a political party to challenge primary election ballot petitions. In a case filed two years later, a different district judge in the same district agreed with the first judge’s reasoning and dismissed a complaint alleging that persons not wishing to run should not be able to challenge ballot petitions.
Topics: Getting on the ballot; primary election; matters for state courts; case assignment; pro se party; class action; laches; party procedures; recusal.

One of many Case Studies in Emergency Election Litigation.