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MASLOW v. BOARD OF ELECTIONS IN CITY OF NEW YORK

Docket No. 08-3075-cv.

658 F.3d 291 (2011)

Lori S. MASLOW, Jemel Johnson, Kenneth Bartholemew, Philip J. Smallman, John G. Serpico, Plaintiffs-Appellants, Carol Faison, Maria Gomes, Zacary Lareche, Livie Anglade, Plaintiffs, v. BOARD OF ELECTIONS IN the CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 30, 2011.

Attorney(s) appearing for the Case

Aaron D. Maslow , Brooklyn, NY, for Plaintiffs-Appellants.

Elizabeth S. Natrella ( Leonard Koerner , Stephen Kitzinger , of counsel, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellee.

Before: STRAUB, HALL, and LIVINGSTON, Circuit Judges.

HALL, Circuit Judge:

Plaintiffs, a group of prospective political candidates, petition circulators, and voters, appeal from the May 23, 2008, order of the United States District Court for the Eastern District of New York (Garaufis, J.) awarding summary judgment to the Board of Elections in the City of New York and upholding the State's "Party Witness Rule" ("the Rule"). The Rule, contained in New York Election Law § 6-132, limits who a candidate for a...

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