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Challenge to a Voter-Registration Form Stating That Party Affiliation Is Required for Primary-Election Voting

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
June 30, 2023

Fitzgerald v. Berman (Norman A. Mordue, N.D.N.Y. 1:02-cv-926)
As voters supporting open primary elections began a voter-registration drive as part of their effort to create a new Non-Affiliated Voters Party, they filed a federal complaint challenging voter-registration-form language stating that only registered members of political parties could vote in primary elections. The district judge considered but denied immediate relief fifteen days later. Two years after that, the district judge dismissed the complaint for lack of standing because all established parties wished to retain closed primary elections.
Subject: Registration procedures. Topics: Primary election; registration procedures; pro se party.

One of many Case Studies in Emergency Election Litigation.