GREEN PARTY OF NEW YORK STATE, a political party duly organized under the laws of New York State, Mark Dunlea, Chairperson of the Green Party of New York State, Rachel Treichler, duly enrolled member of the Green Party of New York State, James Lane, duly enrolled member of the Green Party of New York State, Shannon M. Houlihan, John N. Warren and Lisa Chacon, Plaintiffs-Appellees,
Libertarian Party of New York State Inc., Carol M. O'Hea, Anne M. Nolan, Kenneth C. Diem, New York State Right to Life Party, Liberal Party of the State of New York, and Marijuana Reform Party of New York, Intervenors-Plaintiffs-Appellees,
v.
NEW YORK STATE BOARD OF ELECTIONS, Carol Berman, Neil W. Kelleher, Helen Moses Donohue and Evelyn J. Aquila, in their official capacities as Commissioners of the New York State Board of Elections, Defendants-Appellants,
Nancy Mottola Schacher, Weyman A. Carey, Michael J. Cilmi, Mark B. Herman, Nero B. Graham, Vincent J. Velella, Douglas A. Kellner, Frederic M. Umane, Terrence C. O'Connor, Stephen H. Weiner, in their official capacities as Commissioners of the New York City Board of Elections, and as representatives of all commissioners of the county boards of elections in New York State, Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 10, 2004.
Decided November 17, 2004.
Attorney(s) appearing for the Case
Patricia L. Murray, Deputy Counsel, New York State Board of Elections, Albany, New York, for Defendants-Appellants New York State Board of Elections, et al.
Jeremy Creelan, New York, New York (Deborah Goldberg, Brennan Center for Justice at New York University School of Law, New York, New York, of counsel), for Plaintiffs-Appellees Green Party, et al.
Richard P. Caro, Riverside, Illinois (Thomas G. Teresky, Huntington, New York, of counsel), for Intervenors-Plaintiffs-Appellees Carol M. O'Hea, Anne M. Nolan, Kenneth C. Diem, and New York State Right to Life Party.
Herbert Rubin, New York, New York (Herzfeld & Rubin, P.C., New York, New York, of counsel), for Intervenor-Plaintiff-Appellee Liberal Party of the State of New York.
Christopher B. Garvey, Roslyn, New York (Nolte, Nolte & Hunter, Roslyn, New York, of counsel), for Intervenor-Plaintiff-Appellee Libertarian Party of New York.
Thomas J. Hillgardner, Law Office of Thomas J. Hillgardner, Jamaica, New York, filed a brief for Intervenors-Plaintiffs-Appellees Marijuana Reform Party of the State of New York, George Moss, Carl Foster, Dean Venezia and Thomas K. Leighton.
Christopher E. Strunk, Brooklyn, New York, filed a brief as Pro Se Amicus Intervenor.
Before: WALKER, Chief Judge, CARDAMONE, and KEITH, Circuit Judges.
United States Court of Appeals, Second Circuit.
CARDAMONE, Circuit Judge.
Plaintiff Green Party of New York State, a political party, and its members brought this action challenging the validity of New York's voter enrollment scheme. On May 30, 2003 the United States District Court for the Eastern District of New York (Gleeson, J.) granted plaintiffs a preliminary injunction. Green Party v. N.Y. State Bd. of Elections,267 F.Supp.2d 342 (E.D.N.Y.2003) (Green Party...
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