STATE COMMITTEE OF INDEP. PARTY OF N.Y. v. BERMAN

No. 03 CIV. 4123(JSR).

294 F.Supp.2d 518 (2003)

STATE COMMITTEE OF THE INDEPENDENCE PARTY OF NEW YORK, Frank M. Mackay, William Alves and Kathleen Cucinell, Plaintiffs, v. Carol BERMAN, Neil W. Kelleher, Helena Moses Donohue, and Evelyn J. Aquila, Commissioners of Elections, Constituting the New York State Board of Elections, Defendants.

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

December 10, 2003.


Attorney(s) appearing for the Case

Gary N. Sinawski, Gary Sinawski and Harry Kresky, New York, NY, for Plaintiff.

Todd Valentine, Albany, NY, for Defendant.


OPINION AND ORDER

RAKOFF, District Judge.

In Tashjian v. Republican Party of Connecticut, 479 U.S. 208, 217, 107 S.Ct. 544, 93 L.Ed.2d 514 (1986), the Supreme Court held that the freedom of association protected by the First and Fourteenth Amendments includes the right of a political party to determine who can vote in that party's primary election. See id. Specifically, in that case, the Court held that...

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