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PRICE v. NEW YORK STATE BD. OF ELECTIONS

No. 07-5367-cv.

540 F.3d 101 (2008)

David PRICE, as a candidate for the position of Albany County Republican Committeeman from the 14th Ward 6th District, City of Albany, The Albany County Republican Committee, Martha McMahon, Absentee Voter, and James Thornton, Absentee Voter, Plaintiffs-Appellants, v. The NEW YORK STATE BOARD OF ELECTIONS, Neil W. Kelleher, Douglas A. Kellner, Evelyn J. Aquila, and Helena Moses Donohue, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 22, 2008.

Attorney(s) appearing for the Case

Thomas Marcelle, Albany, NY, for Plaintiffs-Appellants.

Todd Valentine, Special Counsel, New York State Board of Elections, Albany, NY, for Defendants-Appellees.

Before: B.D. PARKER and LIVINGSTON, Circuit Judges, and J. HALL, District Judge.

J. HALL, District Judge:

Voters in New York State may vote by absentee ballot in every kind of election save one: elections for political party county committees. The plaintiffs, who are two voters, the Albany County Republican Committee ("ACRC"), and a candidate for the ACRC, claim that the State has infringed their First Amendment rights through this omission, without adequate justification. The district court rejected...

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