YANG v. KOSINSKI

No. 20-1494-cv August Term 2019.

960 F.3d 119 (2020)

Andrew YANG, individually and on behalf of all others similarly situated; Jonathan Herzog, individually and on behalf of all others similarly situated; Hellen Suh, individually and on behalf of all others similarly situated; Brian Vogel, individually and on behalf of all others similarly situated; Shlomo Small, individually and on behalf of all others similarly situated; Alison Hwang, individually and on behalf of all others similarly situated; Kristen Medeiros, individually and on behalf of all others similarly situated; Roger Green, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, Jay Bellanca, Traci Strickland, Emily Adams, Nestor Medina, Simran Nanda, Kathryn Levy, Joshua Sauberman, Cari Gardner, Stephen Carpineta, Nancy DeDelva, Ting Barrow, Penny Mintz, George Albro, Intervenors-Plaintiffs-Appellees, v. Peter S. KOSINSKI, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE; Todd D. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE; Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Defendants-Appellants, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Intervenor-Defendant-Appellant, New York State Board of Elections; Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, ADR Providers-Intervenors-Defendants-Appellants, Andrew Cuomo, as Governor of the State of New York, Defendant.

United States Court of Appeals, Second Circuit.

Decided: June 1, 2020.


Attorney(s) appearing for the Case

Jeffrey M. Kurzon , Kurzon Kohen LLP, New York, NY, for Plaintiffs-Appellees.

J. Remy Green ( Elena L. Cohen , Jonathan Wallace , on the brief), Cohen & Green P.L.L.C., Ridgewood, NY; and Arthur Z. Schwartz , Advocates for Justice, New York, NY, for Intervenors-Plaintiffs-Appellees.

Judith N. Vale , Senior Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, and Jennifer L. Clark , Assistant Solicitor General, on the brief), for Letitia James , Attorney General, State of New York, New York, NY, for Defendants-Appellants.

Malcolm Seymour , David R. West , Foster Garvey, P.C., New York, NY, for Amici Curiae Senator Bernie Sanders and Bernie 2020 Inc. in Support of Appellees.

Ezra Ishmael Young , Law Office of Ezra Young, Brooklyn, NY, for Amici Curiae New York State Voters in Support of Appellees.

Rob Rickner , Rickner PLLC, New York, NY, for Amici Curiae Medical Professionals in Support of Appellees.

Walter H. Hackett, III , Law Office of Walter Hackett, Walnut, CA, for Amici Curiae Heather Key, et al. in Support of Appellees.

Before: Kearse, Jacobs, and Cabranes, Circuit Judges.


On April 27, 2020, New York became the only State or Territory in the United States to cancel its 2020 Democratic presidential primary. Specifically, on that day, two Democratic commissioners of the New York State Board of Elections (the "Board") removed the names of ten Democratic presidential candidates who...

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