SAM PARTY OF NEW YORK v. KOSINSKI

Docket No. 20-3047-cv August Term, 2020.

987 F.3d 267 (2021)

SAM PARTY OF NEW YORK, Michael J. Volpe, Plaintiffs-Appellants, v. Peter S. KOSINSKI, as the Co-Chair of the New York State Board of Elections, Douglas A. Kellner, as the Co-Chair of the New York State Board of Elections, Andrew J. Spano, as a Commissioner of the New York State Board of Elections, Todd D. Valentine, as Co-Executive Director of the New York State Board of Elections, Robert A. Brehm, as Co-Executive Director of the New York State Board of Elections, Defendants-Appellees, Andrew Cuomo, as the Governor of the State of New York, Andrea Stewart-Cousins, as the Temporary President and Majority Leader of the New York State Senate, John J. Flanagan, as the Minority Leader of the New York State Senate, Carl E. Heastie, as the Speaker of the New York State Assembly, Brian M. Kolb, as the Minority Leader of the New York State Assembly, Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 10, 2021.


Attorney(s) appearing for the Case

Eric A. Stone ( Kannon K. Shanmugam , Robert A. Atkins , Brette Tannenbaum , on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York for Plaintiffs-Appellants.

Elliot A. Hallak ( Daniel R. LeCours , Thomas J. Garry , Kyle D. Gooch , on the brief), Harris Beach PLLC, Albany, New York for Defendants-Appellees.

Before: Sack, Park, and Menashi, Circuit Judges.


New York recently amended its election laws to condition status as a "political party" on an organization's performance in presidential elections. The SAM Party of New York ("SAM Party") is a political organization that, for a mix of ideological and practical reasons, chose not to participate in the 2020 presidential election...

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