STEFANIK v. HOCHUL

Index No. 908840-23.

2024 NY Slip Op 24034

ELISE STEFANIK, NICOLE MALLIOTAKIS NICHOLAS LANGWORTHY, CLAUDIA TENNEY, ANDREW GOODELL, MICHAEL SIGLER, PETER KING, GAIL TEAL, DOUGLAS COLETY, BRENT BOGARDUS, MARK E. SMITH, THOMAS A. NICHOLS, MARY LOU A. MONAHAN, ROBERT F. HOLDEN, CARLA KERR STEARNS, JERRY FISHMAN, NEW YORK REPUBLICAN STATE COMMITTEE, CONSERVATIVE PARTY OF NEW YORK STATE, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, Petitioners, v. KATHY HOCHUL, IN HER OFFICIAL CAPACITY AS GOVERNOR OF NEW YORK; NEW YORK STATE BOARD OF ELECTIONS; PETER S. KOSINSKI, IN HIS OFFICIAL CAPACITY AS CO-CHAIR OF THE NEW YORK STATE BOARD OF ELECTIONS; DOUGLAS A. KELLNER, IN HIS OFFICIAL CAPACITY AS CO-CHAIR OF THE NEW YORK STATE BOARD OF ELECTIONS; and THE STATE OF NEW YORK, Defendants.

Supreme Court, Albany County.

Decided February 5, 2024.


Attorney(s) appearing for the Case

Michael Yuri Hawrylchak, Esq. and Cornelius D. Murray, Esq. , O'Connell and Aronowitz, 54 State Street, 9th Floor, Albany, New York 12207-2501, for Plaintiffs.

Letitia James , Attorney General of the State of New York, Matthew John Gallagher, Esq. , and Noah Cyr Engelhart , (Assistant Attorneys Generals, of Counsel), Attorneys for Kathy Hochul in her official capacity as Governor of New York and State of New York The Capitol Albany, New York 12224-0341,

Kevin G. Murphy and Brian Lee Quail , NEW YORK STATE BOARD OF ELECTIONS, 40 N Pearl St Ste 5, Albany NY 12207, Attorneys for Defendant.

Cullen and Dykman LLP, 80 State Street, Suite 900, Albany, NY 12207, for Defendant Peter S. Kosinski in his official capacity as Co-Chair of the New York State Board of Elections.

Brian Lee Quail, Esq and Douglas A. Kellner , 40 N Pearl St Ste 5, Albany NY 12207, for Defendant Douglas A. Kellner in his official capacity as Co-Chair of the New York State Board of Elections.

Dreyer Boyajian LLP, James R. Peluso, Esq , 75 Columbia Street, Albany, NY 12210, for Intervenors DCCC, Senator Kirsten Gillibrand, Representatives Yvette Clarke, Grace Meng, Joseph Morelle, Ritchie Torres, and New York voters Janice Strauss, Geoff Strauss, Rima Liscum, Barbara Walsh, Michael Colombo, and Yvette Vasquez.


On June 6, 2023, the New York State Legislature passed a bill amending Article 8 of the Election Law to add a new Title 7 entitled the New York Early Mail Voter Act ("Early Mail Voter Act"), which authorizes all registered voters to vote by mail during the early voting period up to ten days before Election Day, and establishes...

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