ROCKEFELLER v. POWERS

No. 1694, Docket 96-7173.

78 F.3d 44 (1996)

Larry ROCKEFELLER; Mary Parrish; Lugenia Gordon; Helen Dalley; Betsy Webster; Betsy M. Blattmachr; Nancy Burner; and Cornelius P. Dugan, Plaintiffs-Appellees, Steve Forbes, Plaintiff-Intervenor-Appellee, v. William D. POWERS, Chairman, New York Republican State Committee; New York Republican State Committee, Defendants-Appellants, New York State Board of Elections; Owen T. Smith; Carol Berman; Evelyn J. Aquila, and Helena Moses Donohue, Commissioners, New York State Board of Elections; New York City Board of Elections; Douglas Kellner; Vincent Cuttita; Paul Mejias; Vincent J. Velella; Weyman A. Carey; Ronald J. D'Angelo; Seymour Sheldon; Kathleen Wagner; Gertrude Strohm, and Ferdinand Marchi, Commissioners, New York City Board of Elections; Erie County Board of Elections; Roger Blackwell and Ralph Mohr, Commissioners, Erie County Board of Elections; Nassau County Board of Elections; Stephen Sabbeth, Commissioner, Nassau County Board of Elections; Suffolk County Board of Elections; Gerald Edelstein and Gerald Berger, Commissioners, Suffolk County Board of Elections; Monroe County Board of Elections; M. Betsy Relin and Ronald J. Starkweather, Commissioners, Monroe County Board of Elections; National Republican Committee, Defendants.

United States Court of Appeals, Second Circuit.

Decided February 29, 1996.


Attorney(s) appearing for the Case

Thomas W. Kirby, Wiley, Rein & Fielding, Washington, D.C. (Jan Witold Baran, Kevin J. Martin, of counsel), for Defendants-Appellants.

Thomas J. Spargo, East Berne, New York, for Plaintiff-Intervenor-Appellee.

Richard D. Emery, New York City (Andrew G. Celli, Jr., John R. Cuti, of counsel), Burt Neuborne, The Democracy Project, Brenan Center for Justice, New York University School of Law, New York City, for Plaintiffs-Appellees.

Before: VAN GRAAFEILAND, MESKILL and WINTER, Circuit Judges.


WINTER, Circuit Judge.

The instant appeal involves Judge Korman's order that the defendants place on the Republican presidential primary ballot in the 9th, 15th, 18th, and 24th New York congressional districts, the names of delegates committed to vote at the Republican National Convention for intervenor Forbes. Judge Korman based this order on his conclusion that New York ballot access requirements place a substantial burden on certain candidates, that many of these...

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