This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
Case Details
Jasikoff v. Commissioners of the Westchester County Board of Elections
Closed
Jasikoff v. Commissioners of the Westchester County Board of Elections, No. 1376/2020 (N.Y. Sup. Ct., Westchester Cnty.) |
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| Case Summary | Petitioner circulated petitions to run in the Democratic Party primary election as a candidate for the public office of Member of the New York State Assembly for the 88th Assembly District. On March 18, 2020, the Legislature passed an act requiring that a designating petition for the June 2020 primary election be filed between March 17-March 20. As of 7:04 p.m. on March 18, the NY Board of Election had not yet posted the change of law to its website. As of the late morning on March 23, the Westchester County Board of Elections had not yet posted the chance of law. Petitioner filed his designating petition on March 23 before 9 a.m. (and claimed that he first became aware of the filing deadline after it expired). On March 27, the Supreme Court denied Petitioner's petition (invalidating the designating petition); however, the Supreme Court reconsidered its ruling sua sponte and later granted Petitioner's petition and directed the Respondents to accept the designating petition as timely filed. However, the Appellate Division (Second Department) reversed, finding that filing a petition after the deadline constitutes a fatal defect that invalidates the petition. | |
| Filed | 03/23/2020 | |
| State | New York | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Other Late filing of candidate designation petition. |
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| Complaint(s) | 03/23/2020: Complaint, Petition filed. | |
| Dispositive Ruling(s) | 03/23/2020: Order/Ruling, Petition Denied (designating petition invalidated). | |
| 03/27/2020: Order/Ruling, Petition Granted (designating petition validated) upon reconsideration sua sponte | ||
Jasikoff v. Commissioners of the Westchester County Board of Elections, No. 2020-02929 (App. Div. 2d Dept.) |
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| Case Summary | Petitioner circulated petitions to run in the Democratic Party primary election as a candidate for the public office of Member of the New York State Assembly for the 88th Assembly District. On March 18, 2020, the Legislature passed an act requiring that a designating petition for the June 2020 primary election be filed between March 17-March 20. As of 7:04 p.m. on March 18, the NY Board of Election had not yet posted the change of law to its website. As of the late morning on March 23, the Westchester County Board of Elections had not yet posted the chance of law. Petitioner filed his designating petition on March 23 before 9 a.m. (and claimed that he first became aware of the filing deadline after it expired). On March 27, the Supreme Court denied Petitioner's petition (invalidating the designating petition); however, the Supreme Court reconsidered its ruling sua sponte and later granted Petitioner's petition and directed the Respondents to accept the designating petition as timely filed. However, the Appellate Division (Second Department) reversed, finding that filing a petition after the deadline constitutes a fatal defect that invalidates the petition. | |
| Filed | 04/23/2020 | |
| State | New York | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Other Late filing of candidate designation petition. |
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| Dispositive Ruling(s) | 05/07/2020: Order/Ruling, Judgment Reversed, Case Dismissed (designating petition invalidated) | |
