LERMAN v. BOARD OF ELECTIONS IN CITY OF NEW YORK

Docket No. 99-9015.

232 F.3d 135 (2000)

Anita LERMAN and Angelo D'Angelo, Plaintiffs-Appellants, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK; Board of Elections of the State of New York; and George E. Pataki, Governor, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: November 9, 2000.


Attorney(s) appearing for the Case

Nancy Northup, Brennan Center for Justice (Gillian E. Metzger on the brief), New York, NY, for Plaintiffs-Appellants.

Tahirih M. Sadrieh, Office of the Corporation Counsel of the City of New York (Michael D. Hess, Corporation Counsel, Edward F.X. Hart on the brief), New York, NY, for Defendant-Appellee Board of Elections in the City of New York.

Patricia L. Murray, Deputy Counsel, Board of Elections of the State of New York, Albany, NY, for Defendant-Appellee Board of Elections of the State of New York.

Nancy A. Spiegel, Assistant Solicitor General, State of New York (Eliot Spitzer, Attorney General, Peter H. Schiff, Senior Counsel, Robert M. Goldfarb, Assistant Solicitor General on the brief), Albany, NY, for Defendant-Appellee Governor George E. Pataki.

Before: FEINBERG, JACOBS, and STRAUB, Circuit Judges.


STRAUB, Circuit Judge:

The late former Speaker of the United States House of Representatives, Thomas P. "Tip" O'Neill, was fond of saying that "all politics is local." TIP O'NEILL, ALL POLITICS IS LOCAL (1994). Through its requirement that witnesses to ballot access "designating petitions" be "resident[s] of the political subdivision in which the office or position is to be voted for," N.Y. ELEC. L. § 6-132(2) (McKinney 1998), the State of New York has attempted...

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