Federal Judicial Center Operational Status:

Due to a lapse in appropriations, the Federal Judicial Center (Center) has ceased all non-excepted activities until funding is restored.

The Center will post any changes in operational status on this web page. Please check back for updates.

You are here

Allowing Any Voter to Challenge Primary-Election Ballot Petitions

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 13, 2023

Queens County Republican Committee ex rel. Maltese v. New York State Board of Elections (Arthur D. Spatt, 2:02-cv-4836) and Soleil v. New York (David G. Trager and Allyne R. Ross, 1:04-cv-3247) (E.D.N.Y.)
A district judge denied a challenge to election laws that permit persons outside of a political party to challenge primary-election ballot petitions. In a case filed two years later, a different district judge in the same district agreed with the first judge’s reasoning and dismissed a complaint alleging that persons not wishing to run should not be able to challenge ballot petitions.
Subject: Getting on the ballot. Topics: Getting on the ballot; primary election; matters for state courts; case assignment; pro se party; class action; laches; party procedures; recusal.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 2 pages

Tags:
Class Actions | Election Litigation | Case Assignment | Getting on the Ballot | Matters for State Courts | Party Procedures | Primary Election | Emergency Proceedings | Laches | Pro Se Litigation | U.S. District Courts | E.D.N.Y.