Price v. Albany County Board of Elections (Gary L. Sharpe, N.D.N.Y. 1:06-cv-1083)
The complaint alleged that New York’s excluding county party-committee positions from absentee ballots in a primary election, to be held in four days, violated the First Amendment. The judge issued as limited a temporary restraining order as possible: he ordered absentee ballots prepared for the party positions, but he ordered them segregated so that a determination of whether to count them could be made after the election. The court of appeals ruled that excluding county-committee positions from absentee ballots was unconstitutional.
Subject: Absentee and early voting. Topics: Absentee ballots; party procedures; ballot segregation; primary election.
One of many Case Studies in Emergency Election Litigation.