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Refusal to Interfere with State-Court Litigation Over Control of a Minor Party

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
March 22, 2023

Essenberg v. Berman (Thomas J. McAvoy, N.D.N.Y. 1:00-cv-317)
Applying the Rooker-Feldman doctrine, in light of pending state-court litigation over control of a minor party, the district judge dismissed a complaint challenging the exclusion of a candidate from the party’s primary election. The court of appeals dismissed as moot an appeal filed after the election.
Subject: Getting on the ballot. Topics: Getting on the ballot; matters for state courts; primary election; party procedures.

One of many Case Studies in Emergency Election Litigation.