No. 22-893

Libertarian Party of New York, et al. v. New York State Board of Elections, et al.

Lower Court: Second Circuit
Docketed: 2023-03-16
Status: Denied
Type: Paid
Amici (1)
Tags: anderson-burdick-test ballot-access election-law equal-protection first-amendment minor-parties political-parties signature-requirements
Key Terms:
DueProcess Securities
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Did the courts below properly apply the Anderson-Burdick standard as a "two-tracked approach" rather than as "a sliding-scale balancing analysis" when they found the increased thresholds do not impose a severe burden on Petitioners and then determined that the thresholds were "coherent," "rational," "reasonable," and "justified" under a "quite deferential" review? Compare Crawford v. Marion Cnty. Election Bd., 553 U.S. 181, 205 (2008) (Scalia, J., concurring), with id., at 210 (Souter, J., dissenting).

2. In assessing the burden to Petitioners in light of New York's requirement to collect over 1,070 valid signatures-per-day to run a candidate and thereby earn ballot access, did the courts below err by merely analogizing to prior precedent from this Court discussing collecting a certain amount of signatures-per-day—as also done by the First, Third, Seventh, Ninth, and Eleventh Circuits—or must a court apply a contextual analysis as it would for other ballot access restrictions, as performed by the Sixth and Eighth Circuits?

3. Did the courts below err in finding that the thresholds did not impose a severe burden (which would warrant strict scrutiny) because two "fusion" parties survived the new thresholds—i.e., parties whose existence depends on cross-nominating major party candidates for governor and now president—even though this Court has previously held that "fusion" is of little constitutional significance? See Timmons, 520 U.S. at 362–64.

Question Presented (AI Summary)

Did the courts below properly apply the Anderson-Burdick standard?

Docket Entries

2023-10-02
Petition DENIED.
2023-09-05
Reply of petitioners Libertarian Party of New York, et al. filed. (Distributed)
2023-07-19
DISTRIBUTED for Conference of 9/26/2023.
2023-06-30
Brief of respondents New York State Board of Elections, et al. in opposition filed.
2023-05-09
Motion to extend the time to file a response is granted and the time is further extended to and including June 30, 2023.
2023-05-05
Motion to extend the time to file a response from May 16, 2023 to June 30, 2023, submitted to The Clerk.
2023-04-17
Brief amici curiae of Coalition for Free and Open Elections, et al. filed.
2023-04-10
Motion to extend the time to file a response is granted and the time is extended to and including May 16, 2023.
2023-04-07
Motion to extend the time to file a response from April 17, 2023 to May 16, 2023, submitted to The Clerk.
2023-03-13

Attorneys

Coalition for Free and Open Elections (COFOE), Forward Party, Rainey Center, and Open Primaries
Mark R. Brown — Amicus
Libertarian Party of New York, Green Party of New York, et al.
Oliver Barrett HallCenter for Competitive Democracy, Petitioner
New York State Board of Elections, et al.
Brian David GinsbergHarris Beach PLLC, Respondent