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Promptness of a Special Election to Fill a Congressional Vacancy

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

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.