U.S. Magistrate Steven Gold has held that the New York Witness-Residency Requirement of Election Law § 6-140(1)(b) is Unconstitutional.

The Case 1:16-cv-03054-SMG:

Plaintiffs

FREE LIBERTARIAN PARTY, INC., a New York Not-for-Profit Corporation doing business as the Libertarian Party of New York and acting as an independent body under the name of the Libertarian Party; and WILLIAM REDPATH, a Virginia Resident.

Defendants

ANDREW J. SPANO, GREGORY P. PETERSON, PETER S. KOSINSKI, and DOUGLAS A. KELLNER, in their Official capacities as Commissioners of the New York State Board of Elections.

This Case arises out of the 2016 Election Cycle in the State of New York. Plaintiffs contend that their First Amendment Rights were and continue to be Violated by a New York Election Law that provides that only Persons who are “duly qualified voter[s] of the State of New York” may Witness Signatures on Nominating Petitions.

CONCLUSION

Having found that the Witness-Residency Requirement in section 6-140(1)(b) is not narrowly tailored and is unconstitutional, plaintiffs’ Motion for Summary Judgment is Granted and Defendants’ Motion for Summary Judgment is Denied. Counsel shall attempt to Agree on the Terms of a Declaratory Judgment and Permanent Injunction consistent with this Opinion, with Defendants of course reserving their Right to Appeal, and shall submit their Proposal to the Court by Friday, May 25th, 2018.










NYC Wins When Everyone Can Vote! Michael H. Drucker