DECISION AND ORDER INTRODUCTION The parties have consented to have the undersigned enter a final judgment in this case as to defendants’ motion for summary judgment. For the following reasons, defendants’ motion for summary judgment (Dkt. No. 66) is granted. FACTS AND PROCEDURAL BACKGROUND1 The Complaint Plaintiffs Carlanda D. Meadors, Leonard A. Matarese, Jomo D. Akono, Kim P. Nixon-Williams, and Florence E. Baugh are registered voters and residents of the City of Buffalo, New York. Dkt. No. 25,
7-11. Plaintiffs are supporters of Byron Brown, the current Mayor of the City of Buffalo. Id.; Dkt. No. 66-2, 16; 68-2, 4, 21. Brown has served as Mayor of Buffalo continuously since 2006, and was most recently re-elected to office following a successful independent write-in campaign in 2021. Id. Plaintiffs’ lawsuit raises an as-applied constitutional challenge to Section 6-158.9 of the New York State Election Law (“Section 6-158.9″). Dkt. No. 25, 1. Section 6-158.9 provides that candidates who seek to appear on the general election ballot by way of an independent nominating petition must file such petition no later than 23 weeks before the general election. See N.Y. Elec. Law §6-158.9; Dkt. No. 25, 1, 20. Plaintiffs have filed suit pursuant to Section 1983 of Chapter 42 of the United States Code, claiming that the nominating petition deadline in Section 6-158.9 violates their rights under the First and Fourteenth Amendments of the United States Constitution. Id. at 2, 31. Plaintiffs seek declaratory and injunctive relief prohibiting the Erie County Board of Elections; Jeremy J. Zellner, Commissioner of the Erie County Board of Elections; and Ralph M. Mohr, Commissioner of the Erie County Board of Elections (collectively referred to as “defendants”) from continuing to enforce the nominating petition deadline as set forth in Section 6-158.9.2 Id. Legislative History of New York’s Petition Deadline for Independent Candidates There are two avenues by which a candidate for state or local office in New York may have their name appear on the ballot in the general election. See N.Y. Elec. Law §6-134, §6-138. There is the party-primary process, where potential candidates file a designating petition signed by a fixed number of registered voters belonging to their political party. Id. at §6-110, §6-118, §6-134; Dkt. No. 66-3, pgs. 18-19. If more than one party designating petition is filed by a potential candidate, a party nominee is selected via a primary election. Id. There is also a process for independent nomination, wherein a candidate may bypass the party primary process and instead seek direct access to the general election ballot by filing an independent nominating petition signed by a fixed number of registered voters. See N.Y. Elec. Law §6-138; Dkt. No. 66-3, pg. 19. Candidates pursuing the independent nominating process may designate an “independent body” to make the nomination, provided the name of the independent body is not confusingly similar to that of an established political party. Id. at §6-138.3. In New York, candidates for office are permitted to both compete in the party primary process as well as to seek one or more independent nominations. Id.; Dkt. No. 66-2,
