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LOPEZ TORRES v. NEW YORK STATE BD. OF ELECTIONS

No. 04 CV 1129(JG).

411 F.Supp.2d 212 (2006)

Margarita LÓPEZ TORRES, Steven Banks, C. Alfred Santillo, John J. Macron, Lili Ann Motta, John W. Carroll, Philip C. Segal, Susan Loeb, David J. Lansner, and Common Cause/NY, Plaintiffs, v. NEW YORK STATE BOARD OF ELECTIONS; Neil W. Kelleher, Carol Berman, Helena Moses Donohue, and Evelyn J. Aquila, in their official capacities as Commissioners of the New York State Board of Elections, Defendants, New York County Democratic Committee, New York Republican State Committee, Association of Justices of the Supreme Court of the State of New York, Association of Justices of the Supreme Court of the City of New York, and Justice David Demarest, Individually, and as President of the State Association, Defendant-Intervenors, Attorney General of the State of New York, Statutory Intervenor.

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

January 27, 2006.

Attorney(s) appearing for the Case

Brennan Center for Justice at NYU School of Law, New York, NY, By: Frederick A.O. Schwarz, Jr., Deborah Goldberg, Jeremy Creelan, Adam H. Morse, for Plaintiff.

Arnold & Porter LLP, New York, NY, By: Kent A. Yalowitz, Anand Agneshwar, S. Jeanine Conley, Angela Givens, for Plaintiff.

Akin Gump Strauss, Hauer & Feld LLP, New York, NY, By: Steven M. Pesner, Andrew J. Rossman, James P. Chou, James E. d'Auguste, Vincenzo A. DeLeo, Jamison A. Diehl, for the New York County Democratic Committee.

Arthur W. Greig, New York, NY, for the New York County Democratic Committee.

Robert Alan Muir, Associates LLP, Brooklyn, NY, By: Robert Allen Muir, for New York State Republican Committee.

Special Counsel to State, Board of Elections, Albany, NY, By: Todd D. Valentine, for State Board of Elections.

Stroock & Stroock & Lavan LLP, New York, NY, By: Joseph L. Forstadt, Ernst R. Rosenberger, Kevin J. Curnin, David Sifre, Mary A. Gorman, for Associations of New York State Supreme Court Justices In the City and State of New York, Honorable David Demarest.

MEMORANDUM AND ORDER INCLUDING PRELIMINARY INJUNCTION

GLEESON, District Judge:

The plaintiffs in this case claim that New York State's electoral process for the office of Supreme Court Justice violates the First and Fourteenth Amendments to the United States Constitution. Specifically, they claim that the system both deprives voters of the right to choose their parties' judicial candidates and imposes insurmountable burdens on challenger candidates...

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