Last Updated: January 26, 2012 at 12:47 PM

Conservative Party of New York State, et al., v. New York State Board of Elections, et al.

Case Information

Date Filed: September 14, 2010
State: New York
Issues: Voting Technology, Vote Dillution
Courts that Heard this Case: U.S. District Court for the Southern District of New York (Case 1:10-cv-06923)

Issue:

Whether New York's policy of, when a voter selects the same candidate multiple times under multiple party affiliations, counting only the vote for the first party selected, and thus depriving the second party of credit for receiving a vote on their party, without notice to the voter, is unconstitutional.

Status:

Consent Decree Dismissing Case entered 9/8/11. Oral Argument Held on Motion to Dismiss 1/31/11.  Plaintiff's Supplemental Memorandum of Law on Motion to Dismiss First Amended Complaint filed 2/3/11.  Order Denying Motion to Dismiss entered 2/10/11. Civil Case Management Plan entered 3/1/11. Order Referring Case to Magistrate Judge for Settlement entered 4/7/11.  Order and Opinion Denying Defendant's Motion to Dismiss 5/10/11. Consent Decree Dismiss Case filed (9/08/11)

District Court Documents

• Complaint (filed 9/14/10)
• Motion for Preliminary Injunction (filed 10/1/10)
  • Declaration of Eric Hecker
    • Exhibits A, B, C
  • Declaration of Daniel Cantor
  • Declaration of Michael Long
  • Declaration of Daniel Wallach (filed 10/4/10)
    • Exhibits A, B
  • Memorandum of Law in Support of Motion for Preliminary Injunction
• Memorandum in Opposition to Motion for Preliminary Injunction (filed 10/8/10)
  • Affidavit of Robert Brehm
    • Exhibit A
  • Affidavit of Todd Valentine
  • Affidavit of Robert Warren
    • Exhibit A
  • Declaration of Kenneth Carbullido
  • Declaration of John Poulos
• Reply Memorandum in Support of Preliminary Injunction (filed 10/14/10)
  • Reply Declaration of Daniel Cantor
• Defendant's Motion to Dismiss (filed 11/8/10)
  • Memorandum in Support of Motion to Dismiss
    • Exhibit A, B
• Notice of Voluntary Dismissal of Defendant (filed 11/22/10)
• Memorandum of Law in Opposition to Motion to Dismiss (filed 11/23/10)
• Reply Memorandum of Law on Motion to Dismiss (filed 12/1/10)
• First Amended Complaint (filed 12/20/10)
• Transcript of proceedings held before Judge Jed S. Rakoff (entered 1/6/11)
• Motion to Dismiss First Amended Complaint (filed 1/10/11)
  • Memorandum in Support of Motion to Dismiss
  • Affidavit or Robert A. Brehm
    • Exhibits A, B, C
• Memorandum of Law in Opposition to Motion to Dismiss First Amended Complaint (filed 1/18/11)
• Reply Memorandum in Support of Motion to Dismiss First Amended Complaint (filed 1/24/11)
• Oral Argument Held 1/31/11
• Plaintiff's Supplemental Memorandum of Law on Motion to Dismiss First Amended Complaint (filed 2/3/11)
• Order Denying Motion to Dismiss [Explanatory Memorandum to Follow] (entered 2/10/11)
• Answer to Amended Complaint (filed 2/18/11)
• Civil Case Management Plan (entered 3/1/11)
• Order Referring Case to Magistrate Judge for Settlement (entered 4/7/11)
• Letter Requesting Rescheduling of Settlement Conference (filed 4/25/11)
• Order and Opinion Denying Motion to Dismiss (entered 5/10/11)
• Consent Decree Dismissing Case (filed 9/08/11)