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UPSTATE JOBS PARTY v. KOSINSKI

18-CV-0459 (GTS/ATB).

559 F.Supp.3d 93 (2021)

UPSTATE JOBS PARTY; Martin Babinec; and John Bullis, Plaintiffs, v. Peter S. KOSINSKI, New York State Bd. of Elections Co-Chair Comm'r, in his official capacity; Douglas A. Kellner, New York State Bd. of Elections Co-Chair Comm'r, in his official capacity; Andrew J. Spano, New York State Bd. of Elections Comm'r, in his official capacity; and Gregory P. Peterson, New York State Board of Elections Comm'r, in his official capacity, Defendants.

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

As Amended October 8, 2021.

Attorney(s) appearing for the Case

OF COUNSEL: FERNANDO SANTIAGO, ESQ. , MICHAEL A. BURGER, ESQ. , SANTIAGO BURGER, LLP, Counsel for Plaintiffs, 2280 East Avenue, Rochester, NY 14610.

OF COUNSEL: JASON B. TORCHINSKY, ESQ. , SHAWN T. SHEEHY, ESQ. , PHILLIP M. GORDON, ESQ. , HOLTZMAN VOGEL JOSEFIAK TORCHINSKY, PLLC, Co-Counsel for Plaintiffs, 15405 John Marshall Highway, Haymarket, VA 20169.

HON. LETITIA A. JAMES , OF COUNSEL: WILLIAM A. SCOTT, ESQ. , Assistant Attorney General, Attorney General for the State of New York, Counsel for Defendants, The Capitol, Albany, NY 14202.

Table of Contents

I. RELEVANT BACKGROUND...103

A. Plaintiffs' Claims...103

B. Undisputed Material Facts...104

C. Parties' Briefing on Their Cross-Motions for Summary Judgment...112

D. Parties'...

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