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E.D.N.Y.

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Fox v. Paterson (David G. Larimer, W.D.N.Y. 6:10-cv-6240), Rossito-Canty v. Cuomo (Jack B. Weinstein, E.D.N.Y. 1:15-cv-568), and Seubert v. Cuomo (Frank P. Geraci, Jr., W.D.N.Y. 6:18-cv-6303)
A 2010 federal lawsuit sought an injunction requiring a prompt special election to fill a congressional vacancy. After the complaint was filed, the governor decided to combine the special election with the general election occurring in six months. The district judge determined that the Constitution did not require a special election more prompt than that. A 2015 case filed in another district within the same state concerned a vacancy occurring much more in advance of the regular general election, and the district judge ordered the governor to promptly set a special election date. A 2018 case with a timeline similar to the 2010 case had a result similar to the 2010 case’s.
Subject: Election dates. Topic: Enjoining elections.

One of many Case Studies in Emergency Election Litigation.

The Advisory Group to the New York State–Federal Judicial Council completed a best practices document on interpreters in federal and New York state courts that was approved on May 18, 2015 by the New York State–Federal Judicial Council. That document is presented here as part of a set of CLE materials on vulnerable populations. 

The Federal Judicial Center did not contribute to this document. It is presented as an example of work from a state–federal judicial council.

This document is part of Federal and State Court Cooperation, a Special Topic Webpage.

The Advisory Group to the New York State–Federal Judicial Council analyzed New York State and federal courts’ treatment of prelitigation conduct involving the creation, retention, and destruction of electronically stored information (ESI) to determine whether the courts were consistent and harmonious when addressing these issues.

The report contains the group’s findings on the similarities and differences between the current New York State and federal laws that govern the prelitigation duty to preserve ESI, as well as its findings on whether the differences may lead to inconsistent obligations in state and federal courts and on possible resolutions to these inconsistencies.

The Federal Judicial Center did not contribute to this document. It is presented as an example of work from a state–federal judicial council.

This document is part of Federal and State Court Cooperation, a Special Topic Webpage.​

In 2016, the New York State–Federal Judicial Council prepared this report on the coordination of discovery between New York state and federal courts. 

The Federal Judicial Center did not contribute to this document. It is presented as an example of work from a state–federal judicial council. 

This document is part of Federal and State Court Cooperation, a Special Topic Webpage.

This handbook was developed by the Advisory Group to the New York State and Federal Judicial Council to provide readily accessible guidance to attorneys working on cases in the U.S. Court of Appeals for the Second Circuit who face the possibility that their clients or other parties may request the federal court to refer state law issues to the New York Court of Appeals or the possibility that the Second Circuit may certify state law questions sua sponte.

The Federal Judicial Center did not contribute to this document. It is presented as an example of work from a state–federal judicial council.

This document is part of Federal and State Court Cooperation, a Special Topic Webpage.​

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.

Available Online Only

Ramratan v. New York City Board of Elections (Nicholas G. Garaufis and Dora L. Irizarry, 1:06-cv-4770), Bert v. New York City Board of Elections (Charles P. Sifton, 1:06-cv-4789), Brown v. Board of Elections (Kiyo A. Matsumoto, 1:08-cv-3512), Fischer v. Suffolk County Board of Elections (Joanna Seybert, 2:08-cv-4171), Minnus v. Board of Elections (Sandra L. Townes, 1:10-cv-3918), Fischer v. NYS Board of Elections (Joanna Seybert, 2:12-cv-5397), and Pidot v. New York State Board of Elections (Joseph F. Bianco, 2:16-cv-3527) (E.D.N.Y.) and Williams-Bey v. Commissioners of Elections (Katherine B. Forrest, 1:12-cv-3836), Thomas v. New York City Board of Elections (Shira A. Scheindlin, 1:12-cv-4223), and Moore v. McFadden (Edgardo Ramos, 1:14-cv-6643) (S.D.N.Y.)
In ten cases, district judges denied relief contrary to state court results to prospective candidates in the Eastern District of New York in 2006, 2008, 2010, 2012, and 2016 and in the Southern District of New York in 2012 and 2014.
Topics: Getting on the ballot; matters for state courts; primary election; pro se party; case assignment; laches; recusal.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Boone v. Nassau County Legislature (Joanna Seybert, E.D.N.Y. 2:11-cv-2712)
On the day before a period of collecting ballot petition signatures for a county legislature election, voters filed a federal complaint challenging new district lines. The district judge held preliminary injunction hearings during the following week, but the state high court’s nullification of the district lines mooted the federal case.
Topics: Malapportionment; matters for state courts; section 2 discrimination; case assignment; getting on the ballot; class action.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Green Party of New York State v. New York State Board of Elections (John Gleeson, E.D.N.Y. 1:02-cv-6465)
Three days before the certification of a gubernatorial election would result in a minor party’s demotion from status as an established party because its candidate received an insufficient number of votes for governor, the party filed a federal complaint challenging the stripping of registered party membership for all of its registered members. The district judge issued a temporary restraining order in the party’s favor. Later, the court of appeals affirmed a preliminary injunction in the party’s favor.
Topics: Registration procedures; interlocutory appeal; intervention; getting on the ballot; attorney fees; pro se party.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Campanello v. New York State Board of Elections (Joanna Seybert and Sandra J. Feuerstein, E.D.N.Y. 2:16-cv-1892)
Filed on the day before a presidential primary election, a federal complaint sought to open the parties’ primary elections to voters of all parties as a remedy for allegedly improper purging of party registrations. The district judge on miscellaneous duty denied immediate relief. Following their filing of an amended complaint after the election, the plaintiffs declined to respond to a motion to dismiss the case, and so the assigned judge dismissed the case.
Topics: Registration procedures; matters for state courts; primary election; National Voter Registration Act; case assignment; class action; ballot segregation; provisional ballots.

One of many Case Studies in Emergency Election Litigation.

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