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Green Party of New York State Wins Right to Keep Enrollment
June 2nd, 2005
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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GREEN PARTY OF NEW YORK STATE, a political party duly organized under the laws of New York State; MARK DUNLEA, Chairperson of the Green Party of New York State; RACHEL TREICHLER and JAMES LANE, each as a duly enrolled member of the Green Party of New York State; SHANNON M. HOULIHAN, JOHN N. WARREN, and LISA CHACÓN,
Plaintiffs,
LIBERTARIAN PARTY OF NEW YORK STATE, INC., CAROL M. O’HEA, ANNE M. NOLAN, KENNETH C. DIEM, NEW YORK STATE RIGHT TO LIFE PARTY, LIBERAL PARTY OF THE STATE OF NEW YORK, and MARIJUANA REFORM PARTY OF NEW YORK STATE,,Intervener-Plaintiffs,
v.
NEW YORK STATE BOARD OF ELECTIONS; CAROL BERMAN, NEIL W. KELLEHER, HELENA MOSES DONOHUE, and EVELYN J. AQUILA, in their official capacities as Commissioners of the New York State Board of Elections; NEW YORK CITY BOARD OF ELECTIONS; NANCY MOTTOLA SCHACHER, WEYMAN A. CAREY, MICHAEL J. CILMI, MARK B. HERMAN, NERO GRAHAM, JR., VINCENT J. VELELLA, DOUGLAS A. KELLNER, FREDERIC M. UMANE, TERRENCE C. O’CONNOR, and STEPHEN H. WEINER, in their official capacities as Commissioners of the New York City Board of Elections, and as representatives of all commissioners of county boards of elections in New York State,
Defendants.
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Index No. CV 02-6465 (JG)
FINAL JUDGMENT & ORDER
Plaintiffs Green Party of New York State (the “Green Party”) and several supporters commenced this action on December 10, 2002, alleging violations of their rights under the First and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983. Certain political organizations, namely, the Libertarian Party of New York State, New York State Right to Life Party, with three of its members, Liberal Party of the State of New York, and Marijuana Reform Party of New York State (the “Intervener-Plaintiffs”) sought to intervene subsequently in the case and were allowed to do so.
After hearing and considering written and oral testimony and legal arguments by all the parties, this Court issued a Memorandum and Order on September 18, 2003 (the “Modified Preliminary Injunction”) granting the Plaintiffs’ and Intervener-Plaintiffs’ applications for a preliminary injunction on the grounds that New York’s voter enrollment scheme imposes a severe and unjustified burden on the First Amendment rights of the Plaintiffs and Intervener-Plaintiffs and unreasonably discriminates against minor parties and their voters. The Court of Appeals for the Second Circuit affirmed this Court’s Modified Preliminary Injunction on November 17, 2004.
As set forth in this Court’s Modified Preliminary Injunction and the Memorandum and Order issued on May 30, 2003, the Court finds that New York’s voter enrollment scheme, to wit, the application of Sections 5-302(1) and 5-604(1), imposes severe burdens on the rights of Plaintiffs and Intervener-Plaintiffs and their supporters without compelling justification and thus violates the First and Fourteenth Amendments to the U.S. Constitution.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. With the consent of all parties to this case, the hearing of Plaintiffs’ and Intervener-Plaintiffs’ applications for a preliminary injunction is consolidated with the trial of the action on the merits pursuant to Fed. R. Civ. P. 65(a)(2).
2. Defendants, the Commissioners of the New York State Board of Elections (the “Commissioners”), will cause the New York State Board of Elections (the “State Board”) to maintain an “Other” line on the state’s voter registration form substantially in the form set forth in the Modified Preliminary Injunction, and to include and maintain instructions in the voter registration form that inform voters that they can use the “Other” line to enroll in a political organization other than those specifically identified on the form.
3. On or before May 20, 2005, and as needed thereafter, the Commissioners will cause the State Board to issue a memorandum directing all county and local boards of elections to record, maintain, and update the enrollment information of voters who have enrolled, or who enroll in the future, in the Green Party or in any of the Intervener-Plaintiffs so that all registration lists prepared, maintained, distributed, or published by these boards of elections fully reflect, on an ongoing basis, all current and future enrollees in those political organizations and their enrollment information in the same manner as such information is included and reflected for voters who enroll in a “party” that is recognized pursuant to N.Y. Elec. L. § 1-104(3). The Commissioners will cause the State Board to provide a copy of its memorandum to the undersigned counsel for the Plaintiffs and Intervener-Plaintiffs.
4. On or before May 20, 2005, and as needed thereafter, the Commissioners will cause the State Board to issue a memorandum directing all county and local boards of elections to notify each voter who enrolls in the Green Party or in any of the Intervener-Plaintiffs that their enrollment information has been recorded. Such notification will be made in the same manner and at the same time as it is presently made for voters who enroll in a “party” that is recognized pursuant to N.Y. Elec. L. § 1-104(3), and shall include the name of the political organization in which the voter has enrolled.
5. On or before May 20, 2005, and as needed thereafter, the Commissioners will cause the State Board to issue a memorandum directing all county and local boards of elections to provide to the Green Party and to the Intervener-Plaintiffs any and all registration lists, including a complete listing of voters enrolled in these respective political organizations, in the same manner and to the same extent as such lists are provided to officials of those “parties” recognized under N.Y. Elec. L. § 1-104(3). The Commissioners will cause the State Board to include the voter enrollment information for voters who have enrolled, or who enroll, in the Green Party or in any of the Intervener-Plaintiffs and will identify such voters as so enrolled, in any and all lists or summaries of such voter enrollment information placed on its official website or otherwise disseminated or made publicly available.
6. The foregoing requirements shall apply to the Green Party and to any and all of the Intervener-Plaintiffs, provided that the political organization in question has placed a candidate on the general election ballot in the preceding gubernatorial election.
7. This Court shall retain jurisdiction over this case for the consideration and resolution of any application for attorneys’ fees.
So ordered.
Hon. John Gleeson
United States District Judge
Dated: Brooklyn, NY
April 22, 2005
2001 Nassau County Green Party Candidates:
Glen Cove Mayor Tom Suozzi for the position of County Executive,
Dennis Lynster (G)** for County Clerk.
County Legislators:
Christopher McGlynn (G)**, for the 15th LD,
Phil Martin (G)**, of Lynbrook, 6th LD.
Eric Morgan of Williston Park (G)**, 9th LD.
Michael Sheridan (G)**, of East Meadow, 13th LD.
Nassau County Legislator David Denenberg, 19th LD,
Nassau County Legislator Brian T. Muellers PhD. of Glen Cove for the 18th LD.
Pat Friedman of Garden City for the 8th LD.
Town of Oyster Bay Town Supervisor, Joseph H. Lorintz
Town of Oyster Bay Town Council: Joseph Langone (G)**, Dawn Murray d (G)
Town of North Hempstead Town Council: Russell Todd
City of Long Beach, City Council: James Brown III (G)**
City of Glen Cove for Mayor: David Zatlin,
City of Glen Cove City Council: James Watson, Jr. (G), Anzelmo Grazioso, Robert Negron(G)
** (G) denotes candidate is a registered Green Party member
Candidates who were on the ballot - November 2000 in Nassau
CANDIDATE NAME RESIDENCE PUBLIC OFFICE DISTRICT
Ralph Nader / Winona LaDuke President / Vice President
Mark Dunau US Senate
DAL LAMAGNA SEA CLIFF US CONGRESS CD 3
ELIZABETH HENLEY MINEOLA STATE ASSEMBLY AD 17
JEFFERY PERESS GLEN COVE STATE ASSEMBLY AD 13
STEVEN C. NOVEMBER MERRICK STATE ASSEMBLY AD 19
JOHN B. RIORDAN WILLISTON PARK JUDGE-SURROGATE COURT
ARTHUR M. DIAMOND NEW HYDE PARK JUDGE-COUNTY COURT
ELLEN P. RITTBERG PLAINVIEW JUDGE- 4TH DISTRICT COURT
JOEL B. MEIROWITZ GLEN COVE JUDGE- CITY OF GLEN COVE
**A SPECIAL ELECTION ON MAY 2nd 2000** Ben Zwirn
Running in East Hills, Greenvale, Manhasset, Old Westbury, Port Washington, Roslyn, Roslyn Heights, and Sands Point on Tuesday, May 2nd for County Legislator, on Row G, Green Party line. Ben ran on only line "G" and got almost 20% of the vote.
CANDIDATES who ran in 1999:
For 1st District Court: Ira J. RAAB (beGfh)
For 3rd District Court: John B. RIORDAN(bceG)
For Hempstead Town Supervisor: Michael J. SHERIDAN (row G)
For Glen Cove City Council: Patrick Dwyer (row G) -- Jeffery J. Peress (row G)
For Nassau County Legislature:
In the 19th L.D. -David W. Denenberg In the 18th L.D. -Brian T. Muellers, Ph.D.
In the 15th L.D. -Janet Zink In the 13th L.D. -Rita Eilenberg
In the 9th L.D. -Frank J. Morris In the 5th L.D. -Joseph K. Scannell
In the 6th L.D. -Phil Martin
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-For information please call Pat Dwyer @ 516-676-5277
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