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Wednesday, November 17, 2004

Voter Enrollment Scheme Enjoined. New York law provides that if a party does not get at least 50,000 votes for its gubernatorial candidate in the previous election, the party is removed from the voter registration forms and voters registered as members of such parties become non-enrolled voters. As a recognized party has certain benefits as a result of that status. For instance, a party may choose their statewide candidate in a closed primary electin, while an independent organization may not. A number of small political parties challenged the law and obtained a preliminary injunction. The Board of Elections appealed.

The Second Circuit affirmed the grant of the injunction. It upheld the District Court's finding that the law would damage the minor parties ability to identify, appeal to, inform, organize, mobilize and raise money from its supporters." It also held that the State's interest in upholding the statute did not outweigh the plaintiff's interests.

The decision in Green Party of New York State v. New York State Board of Elections can be found here.

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