Harris v. Diaz (Richard M. Berman, S.D.N.Y. 1:04-cv-9124)
The district judge dismissed a post-election 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.
Topics: Enjoining certification; matters for state courts; laches.
One of many Case Studies in Emergency Election Litigation.