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Paper Primary Ballots for Minor Parties and Machine Primary Ballots for Major Parties

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
November 3, 2023

Green Party of New York v. Weiner (Gerard E. Lynch, S.D.N.Y. 1:00-cv-6639)
A minor party filed a federal complaint one week before a primary election challenging the use of paper ballots for minor parties and voting machines for major parties. Following a hearing two days later, the federal judge denied immediate relief on a finding that the use of paper ballots for a minor party would be unlikely to unduly delay the counting of votes. Following complete briefing, the judge granted the defendants summary judgment seventeen months later and declined jurisdiction over state law claims.
Subject: Voting procedures. Topics: Voting technology; primary election; matters for state courts; intervention; equal protection.

One of many Case Studies in Emergency Election Litigation.