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Failure to Qualify for a Primary Election Because of Filing Defects

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
May 12, 2017
Available Online Only

Matheson v. New York City Board of Elections (Edward R. Korman, 1:03-cv-4170), Marchant v. New York City Board of Elections (Kiyo A. Matsumoto, 1:11-cv-4099), and Marchant v. New York City Board of Elections (Roslynn R. Mauskopf, 1:10-cv-3847) (E.D.N.Y.) and Marchant v. New York City Board of Elections (Katherine Polk Failla, 1:13-cv-5493), Escoffery-Bey v. New York City Board of Elections (Jesse M. Furman, 1:13-cv-5656), Keeling v. Sanchez (Paul A. Engelmayer, 1:13-cv-5731), and Newsome v. New York City Board of Elections (Ronnie Abrams, 1:13-cv-5787) (S.D.N.Y.)
In 2003, 2010, 2011, and 2013, supporters of a perennial New York primary election candidate filed federal actions—the first three in the Eastern District of New York and the last in the Southern District of New York—challenging the candidate’s exclusion from the ballot for insufficient ballot petition signatures. The first action was successful. Similar actions on behalf of other candidates filed in the Southern District of New York in 2013 were unsuccessful, in once case because relief had been obtained in parallel state court proceedings.
Topics: Getting on the ballot; primary election; matters for state courts; pro se party; case assignment; attorney fees; intervention.

One of many Case Studies in Emergency Election Litigation.