Gov. Andrew M. Cuomo is challenging Fordham Law School Professor Zephyr Teachout’s eligibility to oppose him in the Democratic Party primary election for governor. The ground is that she does not meet the New York state constitutional requirements for the office—specifically, that she has not continuously resided in New York for five years prior to the general election.1 The case is being heard in Kings County Supreme Court by Justice Edgar G. Walker.2

Although somewhat sensational given the parties involved, election trials such as this are fairly common during late July and August. Candidates often seek judicial intervention either to stay on the ballot or try to knock off an opponent. In many parts of the state, either the Democratic Party or the Republican Party generally dominates; thus, winning a primary is often tantamount to election. There is, therefore, a lot at stake.

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