44 Cited authorities

  1. Burdick v. Takushi

    504 U.S. 428 (1992)   Cited 1,257 times   2 Legal Analyses
    Holding that Hawaii's prohibition on write-in voting did not violate the challengers' freedoms of expression and association
  2. Anderson v. Celebrezze

    460 U.S. 780 (1983)   Cited 1,509 times   1 Legal Analyses
    Holding that Ohio statute requiring independent candidates to file statements of candidacy by March to appear on November ballot was unconstitutional
  3. Timmons v. Twin Cities Area New Party

    520 U.S. 351 (1997)   Cited 570 times   1 Legal Analyses
    Holding “minimal” any burden imposed by a regulation that prohibited an individual from appearing on the ballot as the candidate for more than one party
  4. Matter of McGee v. Korman

    70 N.Y.2d 225 (N.Y. 1987)   Cited 50 times

    Argued August 26, 1987 Decided August 27, 1987 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Carl Mugglin, J. Paul A. Victor for appellants. John Patrick Deveney for Hansel L. McGee, respondent. Kathryn E. Freed for Lorraine Backal, respondent. Robert Abrams, Attorney-General (Tarquin Jay Bromley, O. Peter Sherwood and Lawrence S. Kahn of counsel), in support of the constitutionality of New York State Election Law § 6-136. Per Curiam. The Appellate Division

  5. Attorney Grievance Comm. for the First Judicial Dep't v. Marshall (In re Marshall)

    153 A.D.3d 1 (N.Y. App. Div. 2017)   Cited 8 times

    M-144 M-2420 07-11-2017 In the Matter of D. Andrew Marshall (admitted as Darrell Andrew Marshall), an attorney and counselor-at-law: Attorney Grievance Committee for the First Judicial Department, Petitioner, D. Andrew Marshall, Respondent. Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York (Jeremy S. Garber, of counsel), for petitioner. Respondent pro se. PER CURIAM Rolando T. Acosta, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Judith J. Gische Troy K. Webber

  6. Harder v. Kuhn

    153 A.D.3d 1119 (N.Y. App. Div. 2017)   Cited 7 times

    525336. 08-24-2017 In the Matter of George T. HARDER et al., Respondents, v. Jeffrey D. KUHN et al., Constituting the Committee to Fill Vacancies for the Democratic Party for the Public Offices of Member of the Bethlehem Town Council and Town of Bethlehem Superintendent of Highways, et al., Appellants, and Matthew J. Clyne et al., as Commissioners of the Albany County Board of Elections, Respondents. Law Office of James E. Long, Albany (James E. Long of counsel), for appellants. Roemer Wallens Gold

  7. In the Matter of Stoppenbach v. Sweeney

    98 N.Y.2d 431 (N.Y. 2002)   Cited 20 times
    In Matter of Stoppenbach v. Sweeney [ 98 N.Y.2d 431], the Court held that compliance with the requirements of Election Law § 6-130 was a matter of substance and not of form, and, accordingly, the failure of a person signing a petition to set forth the town of his residence invalidated that person's signature.
  8. Matter of Donnelly v. McNab

    83 A.D.2d 896 (N.Y. App. Div. 1981)   Cited 47 times

    August 28, 1981 In a proceeding to, inter alia, validate petitions designating the petitioners as candidates in the Republican Party Primary Election to be held on September 10, 1981, for the party position of County Committee Member from various election districts, Town of Babylon, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), entered August 20, 1981, which, inter alia, granted the application. Judgment affirmed, without costs or disbursements. The identification

  9. Nagubandi v. Polentz

    131 A.D.3d 639 (N.Y. App. Div. 2015)   Cited 5 times

    2015-08-19 In the Matter of Radhika NAGUBANDI, petitioner-appellant, v. Mary Ellen POLENTZ, et al., respondents-respondents, et al., respondent. (Proceeding No. 1). In the Matter of Mary Ellen Polentz, et al., petitioner-respondents, v. Rachel Tanguay–McGuane, et al., respondent-respondent. (Proceeding No. 2). WILLIAM F. MASTRO , J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, and BETSY BARROS, JJ. In a proceeding pursuant to Election Law § 16–102, inter alia, to validate a petition designating Radhika

  10. Avella v. Johnson

    142 A.D.3d 1111 (N.Y. App. Div. 2016)   Cited 4 times

    09-26-2016 In the Matter of Tony AVELLA, petitioner-appellant, v. Raymond JOHNSON, respondent-respondent, et al., respondent. In a proceeding pursuant to Election Law § 16–102, inter alia, to validate a petition designating Tony Avella as a candidate in a primary election held on September 13, 2016, for the nomination of the Independence Party as its candidate for the public office of State Senator for the 11th Senatorial District, Tony Avella appeals from a final order of the Supreme Court, Queens

  11. Section 16-102 - Proceedings as to designations and nominations, primary elections, etc

    N.Y. Elec. Law § 16-102   Cited 1,100 times
    Providing that any appeal from an invalidity decision regarding a petition shall be taken "within three business days after the officer or board with whom or which such petition was filed, makes a determination of invalidity with respect to such petition"
  12. Section 71 - Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adopted pursuant thereto

    N.Y. Exec. Law § 71   Cited 430 times

    1. Whenever the constitutionality of a statute, or a rule or regulation adopted pursuant thereto is brought into question upon the trial, hearing or appeal of any action or proceeding, civil or criminal, in any court of record of original or appellate jurisdiction, and proof of the notice of such constitutional challenge, as required by paragraph one of subdivision (b) of section one thousand twelve of the civil practice law and rules, has not been filed, the court or justice before whom such action