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QUEENS COUNTY REPUBLICAN COMMITTEE EX REL. MALTESE v. NEW YORK STATE BD. OF ELECTIONS

No. 02CV4836(ADS)(ETB).

222 F.Supp.2d 341 (2002)

QUEENS COUNTY REPUBLICAN COMMITTEE, by Serphin R. MALTESE, Chairman, Perry S. Reich, and Stacey Kaplan-Villa, Plaintiffs, v. NEW YORK STATE BOARD OF ELECTIONS, New York State Attorney General, Gary L. Ackerman and Gerald S. Scharfman, Defendants.

United States District Court, E.D. New York.

September 21, 2002.

Attorney(s) appearing for the Case

Schapiro & Reich, Attorneys for the Plaintiffs Perry S. Reich, Esq. and Stacey Kaplan-Villa, Lindenhurst, NY, By: Perry S. Reich, Esq., of Counsel.

Bee, Eisman & Ready, Attorneys for the Plaintiff Queens County Republican Committee, Mineola, NY, By: Peter Bee, Esq., of Counsel.

New York State Board of Elections, Albany, NY, By: Special Counsel Todd D. Valentine.

New York State Attorney General, Mineola, NY, By: Assistant Attorney General Ralph Pernick.

Emanuel R. Gold, Esq., Attorney for the Defendants Gary L. Ackerman and Gerald S. Scharfman, Forest Hills, NY.

MEMORANDUM OF DECISION & ORDER

SPATT, District Judge.

This case presents the following issue: can the State of New York, consistent with the First Amendment to the United States Constitution, allow a non-party member to object to a candidate of another party appearing on the ballot in a primary election, on the ground that the candidate failed to meet the ballot access requirements?

Presently before the Court is a motion for a preliminary injunction...

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