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Election Law: Board of Trustees of the Village of Sodus, N.Y. v. Allen (access required)

By Daily Record Staff
POSTED: October 7, 2011
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Supreme Court, Wayne County
Election Law
Residency Requirement
Board of Trustees of the Village of Sodus, N.Y. v. Allen
71473
Justice Kehoe
Background: The plaintiff  sought to declare the defendant ineligible to remain as the mayor of the village of Sodus. The plaintiffs argued that the defendant was not, at the time of his election, nor has he ever been a [...]

Election Law: Maslow v. Board of Elections, NYC (access required)

By Daily Record Staff
POSTED: October 4, 2011
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U.S. Court of Appeals for the Second Circuit
Election Law
Party Witness Rule
Maslow v. Board of Elections, NYC
08-3075-cv
Judges Straub, Hall, and Livingston
Background: The plaintiffs, a group of prospective political candidates, petition circulators and voters, appealed from an order awarding summary judgment to the defendant New York City Board of Elections that upheld the state’s “Party Witness Rule.” [...]

Election Law: In the Matter of Arthur J. Walsh, et al. (access required)

By Daily Record Staff
POSTED: June 7, 2011
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New York State Court of Appeals
Election Law
Equal Protection
In the Matter of Arthur J. Walsh, et al.
No. 94
Judge Jones
Background: At issue was the constitutionality of the residency requirements for the elected position of town justice and board member for Fishers Island, Town of Southold in Suffolk County. The appellant argued that the appellate division improperly used [...]

Election Law: National Organization for Marriage Inc. v. Walsh (access required)

By Daily Record Staff
POSTED: October 26, 2010
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U.S. District Court, Western District of New York
Election Law
Free Speech — Disclosure
National Organization for Marriage Inc. v. Walsh
10-CV-751
Judge Arcara
Background: According to the plaintiff’s amended complaint, it is a tax-exempt 501(c)(4) organization founded in 2007 under the Virginia Nonstock Corporation Act. Among other purposes, the plaintiff was incorporated “[t]o promote the importance of preserving marriage as [...]

Election Law: Matter of Thompson v. Cohn (access required)

By Daily Record Staff
POSTED: October 21, 2010
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Appellate Division, Third Department
Election Law
Gubernatorial Elections
Matter of Thompson v. Cohn
510568
Appealed from Supreme Court, Albany County
Background: The appeal is from a Sept. 29 judgment of the supreme court in Albany County, which granted the petitioner’s application, in a proceeding pursuant to Election Law §16-102, to declare invalid the independent nominating petition naming respondent Steven Cohn as [...]

Election Law: Van Allen v. Cuomo (access required)

By Daily Record Staff
POSTED: September 20, 2010
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U.S. Court of Appeals, Second Circuit
Election Law
Party Registration
Van Allen v. Cuomo
07-3118-cv
Appealed from the Northern District of New York
Background: Plaintiff H. William Van Allen appeals from an order of the district court, which denied his application for a temporary restraining order and dismissed his complaint challenging various provisions of state Election Law. Pursuant to the delayed [...]

Election Law: Matter of Goodell v. Parment (access required)

By Daily Record Staff
POSTED: September 13, 2010
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Appellate Division, Fourth Department
Election Law
Matter of Goodell v. Parment
909
Appealed from Supreme Court, Chautauqua County
Background: The appeal is from an order that dismissed an Election Law petition. Petitioner sought to invalidate the certificate of declination filed by respondent William L. Parment with respect to Parment’s designation as the Independence Party candidate for the office of member [...]

Election Law: Odett v. Walsh (access required)

By Daily Record Staff
POSTED: August 23, 2010
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Appellate Division, Third Department
Election Law
Description of Office Sought — Designating Petitions
Odett v. Walsh
510204
Appealed from Supreme Court, Albany County
Background: Respondent Brian S. McGrath seeks to be named the Democratic Party candidate for the 122nd state Assembly District in the Sept. 14 election. He circulated a designating petition to that effect in July, describing the office as [...]

Election Law: Green Party of Connecticut v. Garfield (access required)

By Daily Record Staff
POSTED: July 15, 2010
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U.S. Court of Appeals for the Second Circuit
Election Law
First Amendment
Green Party of Connecticut v. Garfield
09-0599-cv
Appealed from the District of Connecticut
Background: In a decision involving one of two companion cases, the appeal is from a Feb. 11, 2009 partial final judgment of the U.S. District Court for the District of Connecticut entered after the court granted [...]

Election Law: Green Party of Connecticut v. Garfield (access required)

By Daily Record Staff
POSTED: July 14, 2010
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U.S. Court of Appeals for the Second Circuit
Election Law
First Amendment — Equal Protection
Green Party of Connecticut v. Garfield
09-3760-cv
Appealed from the District of Connecticut
Background: After a bench trial, the district court determined Connecticut’s Citizen Election Program, a statutory scheme providing public funds for candidates running for state office, violates the First and 14th Amendments to the [...]

Election Law: Matter of Robert T. Stewart v. Chautauqua County Board of Elections (access required)

By Daily Record Staff
POSTED: March 2, 2010
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New York State Court of Appeals
Election Law
Ballots — Identifying Marks
Matter of Robert T. Stewart v. Chautauqua County Board of Elections
No. 79
Appealed from the Fourth Department
Background: Three related proceedings were commenced pursuant to Article 16 of the Election Law following the general election for the position of Chautauqua County legislator for the Seventh District. Robert T. [...]