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Case Details
Eisen v. Cuomo
Active
Eisen v. Cuomo, No. 54542/2020 (N.Y. Sup. Ct., Westchester Cnty.) |
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| Case Summary | Petitioner is an independent candidate for Congress in NY's 17th Congressional District. In order to be added to the ballot, independent candidates must collect 3500 voters' signatures, which may be collected between April and May. Petitions must be signed in ink and executed nominating petitions must be submitted between May 19 and May 26. Governor Cuomo issued Executive Order 202.2 on March 17, suspending the collection of signatures on designating petitions of candidates seeking the nomination for a major political party and reduced the signature requirement by 70%. This executive order did not apply to independent candidates. Subsequently, Governor Cuomo issued Executive Order 202.13, which postponed circulation, filing, and collection of any designating petitions, or independent nominating petitions for any office that would otherwise be circulated or filed pursuant to the Election Law, Education Law or any other consolidated law for any office commencing March 31, 2020. Petitioner seeks a Court order (1) striking Executive Order 202.13 and requiring Respondents to set dates for Petitioner to gather original signatures on nominating petitions in accordance with the existing Election Law; or (2) permitting Petitioner to gather signatures on nominating petitions remotely; or (3) striking Executive Order 202.13 and requiring Respondents to provide a procedure for Petitioner and other candidates to qualify to be on the ballot as independent candidates. On July 8, 2020, Respondents sent a letter to the Court regarding subsequent developments that Respondents argue render the petition moot: (1) on June 30, Governor Cuomo issued Executive Order 202.46, which (a) rescinded Executive Orders 202.13 and 202.26 as they pertain to independent nominating petitions (i.e., independent candidates were once again permitted to circulate nominating petitions and the submission period was extended to July 27-30), and (b) reduced the number of required signatures; and (2) on July 1, the NY State Board of Elections issued a political calendar for the November 2020 general election. Respondents argue that they have provided Petitioner with all the relief to which he would be entitled and the petition should be dismissed. | |
| Filed | 04/20/2020 | |
| State | New York | |
| Type of Court | State | |
| Status | Active | |
| Last Updated | 05/12/2021 | |
| Issue Tag(s) | Candidate Signature Requirement (Threshold Number, Deadline/Time to Collect) | |
| Complaint(s) | 04/20/2020: Complaint filed. | |
| 06/03/2020: Complaint filed. | ||
| Dispositive Ruling(s) | 10/30/2020: Order/Ruling, The court granted respondents motion to dismiss because the case was moot as petitioner had actually satisfied the at issue petition requirements to be a candidate. | |
