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Free Libertarian Party Inc. v. Spano

Election Law's Witness-Residency Mandate Is Not Narrowly Tailored, Found Unconstitutional

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MEMORANDUM & ORDERINTRODUCTION  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. N.Y. Elec. Law §6-140(1)(b). Plaintiffs assert their First Amendment challenge pursuant to 42 U.S.C. §1983 and against defendants Andrew J. Spano, Gregory P. Peterson, Peter S. Kosinski, and Douglas A. Kellner (together “Defendants”) in their official capacities as Commissioners of the New York State Board of Elections (“the Board” or “the State”). Amended Complaint (“Compl.”)

2, 7-10, Docket Entry 45. Plaintiffs seek a judgment declaring Section 6-140(1)(b) unconstitutional and an injunction preventing defendants from enforcing it. Id. at 11.The parties have cross-moved for summary judgment. For the reasons stated below, plaintiffs’ motion is granted and defendants’ motion is denied.FACTUAL BACKGROUNDA. The PartiesPlaintiff Free Libertarian Party, Inc., d/b/a the Libertarian Party of New York (“LPNY”), is the recognized New York affiliate of the national Libertarian Party. Id.

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