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Changing Party Affiliation for a Primary Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
November 12, 2023

Van Wie v. Pataki (David N. Hurd, 1:00-cv-322), Van Allen v. Cuomo (Gary L. Sharpe, 1:07-cv-722), and Van Allen v. Walsh (Lawrence E. Kahn, 1:08-cv-876) (N.D.N.Y.)
Two weeks before a presidential primary election, two voters filed a federal complaint challenging a law that allowed new voter registrants to enroll in a political party up to twenty-five days before a primary election but did not allow a change in party enrollment for already registered voters to go into effect until after the next general election. One week later, after oral argument, the district judge dismissed the complaint, finding compelling the incentive to register new voters. Actions initiated in 2007 and 2008 were similarly unsuccessful.
Subject: Registration procedures. Topics: Registration procedures; primary election; intervention; pro se party.

One of many Case Studies in Emergency Election Litigation.