Wednesday, April 20, 2016

NY U.S. District Court Will Require Each County BOE to Defend its Voter Registration Records


Thanks to Richard Winger of Ballot Access News for this post.

On April 19, U.S. District Court Judge Joanna Seybert held a hearing in Campanello v New York State Board of Elections, e.d., 2:16cv-1892. The case had been filed the day before on behalf of some voters whose registration records were faulty.

In some cases the applicant’s voter registration had vanished; in other cases, voters had their party switched without their knowledge or consent.

The plaintiffs wanted a court order letting the plaintiffs and similarly-situated voters correct the problems. Also the plaintiffs wanted an injunction letting any independent voter choose either a Democratic or a Republican Primary ballot on April 19.

The judge did not issue injunctive relief, but she keep the case alive, and in the next hearing, a representative of each County Board of Elections must defend its registration records.

When the case resumes, it will be before a different U.S. District Court Judge, Judge Sandra Feuerstein. An amended complaint is due April 26, and briefs on both sides are due by April 29.

New York State Board of Elections spokesman Thomas Connolly declined to comment on today's ruling specifically. "Right now our main focus is helping the local elections boards have as smooth a primary as possible," he said. "We haven't yet considered what implications the judge's order might have, if any."











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