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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Last Updated: August 7, 2020 at 8:49 PM

Gallagher v. New York State Board of Elections

Case Information

Date Filed: July 17, 2020
State: New York
Issue: Absentee Ballots
Current Court: U.S. District Court, Southern District of New York (Case 1:20-cv-05504)

Issue:

Plaintiffs filed complaint in response to their absentee ballots being invalidated due to lacking a timely USPS postmark.

Status:

Opinion and Order filed 8/3/20.

U.S. District Court Southern District of New York Documents

  • State Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction pdf file (7/22/20)
  • Declaration of Robert A. Brehm pdf file (7/22/20)
  • Plaintiffs' Reply Memorandum of Law in Support of Their Motion for Preliminary Injunction pdf file (7/24/20)
  • Declaration of Maria D. Kaufer pdf file (7/24/20)
  • Declaration of Arthur Schwartz pdf file (7/24/20)
  • pdf file (7/24/20)
  • Intervenor Plaintiffs' Corrected Reply Memorandum of Law pdf file (7/24/20)
  • Declaration of Bart J. Haggerty in Opposition to Intervenors' Motion for a Preliminary Injunction pdf file (7/24/20)
  • Board of Elections in the City of New York's Memorandum of Law in Opposition to Kaufer and Felder's Application for a Preliminary Injunction pdf file (7/24/20)
  • Plaintiffs' Trial Exhibit List pdf file (7/28/20)
  • Plaintiffs' Pre-Trial Hearing Submission pdf file (7/28/20)
  • Hearing Motion for Judicial Notice Under Federal Rule of Evidence 201 pdf file (7/28/20)
  • State Defendants' Exhibit List pdf file (7/28/20)
  • Supplemental Declaration of Robert A. Brehm pdf file (7/28/20)
  • City Board Defendant's Exhibit List pdf file (7/28/20)
  • Intervenor Plaintiffs' Exhibit List pdf file (7/28/20)
  • Order pdf file (7/28/20)
  • State Defendants' Opposition to the Plaintiffs' Motion for Judicial Notice Under Federal Rule of Evidence 201 pdf file (7/28/20)
  • Opinion and Order pdf file (8/3/20)
  • Order Denying 94 Emergency Letter Motion to Compel Peter Kosinski to Attend a Meeting of the State Board to Implement the Court's Order and for Contempt pdf file (8/7/20)

    • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...

    Major Pending Cases

    more litigation...