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Excluding an Office from Absentee Ballots

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
August 15, 2023

Price v. Albany County Board of Elections (Gary L. Sharpe, N.D.N.Y. 1:06-cv-1083)
The complaint alleged that New York’s excluding county party-committee positions from absentee ballots in a primary election, to be held in four days, violated the First Amendment. The judge issued as limited a temporary restraining order as possible: he ordered absentee ballots prepared for the party positions, but he ordered them segregated so that a determination of whether to count them could be made after the election. The court of appeals ruled that excluding county-committee positions from absentee ballots was unconstitutional.
Subject: Absentee and early voting. Topics: Absentee ballots; party procedures; ballot segregation; primary election.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 2 pages

Tags:
First Amendment | Election Litigation | Absentee Ballots | Ballot Segregation | Early Voting | Party Procedures | Primary Election | Emergency Proceedings | U.S. District Courts | N.D.N.Y.