OPINION & ORDER DENYING TEMPORARY RESTRAINING ORDER Plaintiff, an active member of the Queens Republican Party, seeks to challenge certain modifications to the New York Election Law put in place as a result of the COVID-19 pandemic which she claims violate her constitutional rights. Ms. Murray seeks to stand for nomination as the Republican Party candidate for New York’s Fourteenth Congressional District. In brief, she challenges certain modifications to ballot-access provisions of the election law (specifically, reducing the number of days she had to gather signatures, but not the corresponding modification to reduce the number of signatures required to appear on the ballot), and her failure to meet the revised requirements, on the ground that they violate her rights to stand as a candidate in the June 23, 2020 primary election. Of particular importance, this is Ms. Murray’s second attempt to use the courts to have her name placed on the June 23 ballot. Previously, Ms. Murray filed an action in New York Supreme Court, Bronx County, in which she unsuccessfully asserted substantially the same claims she asserts here together with other claims based on New York Election Law. See In re Murray v. Hanratty, Case No. 260205/2020 (N.Y. Sup. Ct. Bronx Cty.).1 The Complaint in this case [ECF #4] (“Cpl.”) was filed on May 7, 2020, a full seven weeks after the modifications to the Election Law were made. Along with the Complaint, Plaintiff filed a proposed order to show cause and request for a temporary restraining order, supported by a memorandum of law [ECF #3, Ex. A] (“Pl. Br.”), an affirmation from Plaintiff’s counsel [ECF #2, Ex. 1] (the “St. Paul Affidavit”) and an affidavit sworn by the Plaintiff. [ECF #3, Ex. B.] (“Murray Affidavit”). By her application, Plaintiff seeks a declaration of her rights and an injunction ordering the New York State and City Boards of Elections to place her name on the ballot and ordering those bodies not to print or distribute ballots without her name on them. The next day, the Court issued a modified order to show cause, calling for Defendants to respond and setting a hearing on Plaintiff’s injunctive relief application [ECF #6]. On May 12, 2020, Defendants each filed a response. First, Defendants Andrew Cuomo, the New York State Board of Elections, and the commissioners of that body (collectively the “State Defendants”) filed a memorandum of law [ECF #10] (the “State Opp.”), along with a Declaration of counsel with supporting exhibits [ECF #10, Exs. 1-2] (“Conrad Decl.”). Second, the New York City Board of Elections and the commissioners of that body (the “City Defendants”) filed a letter response with several supporting exhibits [ECF #8] (the “City Opp.”). On May 13, 2020, the Plaintiff filed a reply brief [ECF #12] (the “Reply Br.”) and an affirmation of counsel with exhibits [ECF #11] (“Reply Aff.”). The Court heard argument on the application on May 15, 2020 (the “May 15 hearing”). Upon review of the Plaintiff’s motion for a temporary restraining order and supporting papers, Defendants’ materials submitted in opposition, and the parties’ arguments during the May 15 hearing, and after due consideration, the Motion for a temporary restraining order is DENIED. This opinion supplements the Court’s ruling on the record at the May 15 conference. BACKGROUND The Court assumes the truth of the facts as stated in Plaintiff’s complaint. See Fair Hous. in Huntington Comm. Inc. v. Town of Huntington, 316 F.3d 357, 362 (2d Cir. 2003). Plaintiff is a Jamaican-born resident of Queens, New York who has been a registered member of the Republican Party since 2009. Cpl. 11, 13. In addition, Ms. Murray has stood as the Republican candidate for multiple state offices, and has been involved in the executive leadership of the Queens Republican Party. Cpl 14-18. In 2019, Plaintiff decided that she would like to run as the Republican Party candidate for U.S. Congress from New York’s Fourteenth Congressional District, a district comprising parts of both Queens and Bronx counties. Cpl. 21. Leadership of the Queens Republican Party, however, disapproved of this plan and instead recommended that Ms. Murray seek the Republican Party nomination for New York’s Fifth Congressional District, located in Queens and Nassau counties. Cpl. 22. The Queens Republican Party conditioned their institutional support of Ms. Murray on her seeking nomination for the Fifth District, and not the Fourteenth. Cpl.
