Summary
In Credico v. N.Y. Board of Elections, No. 10 CV 4555, 2013 WL 3990784 (E.D.N.Y. Aug. 5, 2013) (Report and Recommendation), a plaintiff candidate was nominated by two independent bodies (but no parties) and was required by New York Election Law to only appear on the ballot one time—next to the name of only one independent body—with the other independent body's emblem appearing above his name.
Summary of this case from Gonsalves v. N.Y. State Bd. of ElectionsOpinion
10 CV 4555 (RJD) (CLP)
08-06-2013
RANDY CREDICO, et al., Plaintiffs, v. NEW YORK STATE BOARD OF ELECTIONS, et al., Defendants.
MEMORANDUM & ORDER
DEARIE, District Judge
In accordance with the August 2, 2013 Order of this Court and the June 19, 2013 Report and Recommendation of Magistrate Judge Pollak, injunctive and declaratory relief is granted to plaintiff Libertarian Party of New York. Defendants are enjoined from implementing N.Y. Elec. L. § 7-104(4)(e) to the extent that it would prevent candidates who have been nominated only by more than one independent body from appearing on the ballot row or column of each such independent body, where (a) the independent body has been assigned a ballot row or column and (b) omitting the candidate from that ballot row or column would result in a blank space on the ballot. SO ORDERED. Dated: Brooklyn New York
August 6, 2013
____________________________
RAYMOND J. DEARIE
United States District Judge