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
Puliafito v. Board of Elections in the City of New York
Closed
Puliafito v. Board of Elections in the City of New York, Nos. 100432-2020, 100433-2020, 100435-2020, 100436-2020 (N.Y. Sup. Ct., N.Y. Cnty.) |
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| Case Summary | Seawright filed a petition designating her a candidate for the office of Member of the Assembly for the 76th District on the Democratic Party primary ballot. This petition required a cover sheet, which Seawright failed to file prior to the March 20 deadline. Seawright also filed a petition designating her a candidate for the same office on the Working Families Party primary ballot, which petition required the filing of a certificate of acceptance. Seawright failed to file the certificate of acceptance prior to the March 24 deadline. The Board of Elections invalidated both petitions. Seawright commenced proceedings to validate the petitions. Puliafito, the Republican candidate for the same office, moved to intervene (which motion was granted). After a hearing, the NY Supreme Court granted Seawright's petition to validate her designating petitions. The Board of Elections and Puliafito appealed and the Appellate Division (First Department) unanimously affirmed the Supreme Court's decision; however, the Court of Appeals reversed the decision, denying Seawright's petitions to validate and granting Puliafito's petitions to invalidate (and resolved a departmental split as to whether the late filing of a portion of a designating petition (e.g., a cover sheet, a certificate of acceptance) constitutes a fatal defect that invalidates such a petition). | |
| Filed | 04/03/2020 | |
| State | New York | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Other Designating petition defect: late filing of cover sheet and certificate of acceptance. |
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| Complaint(s) | 04/03/2020: Complaint, Petition filed. | |
| Dispositive Ruling(s) | 05/08/2020: Order/Ruling, Seawright's Petition Granted (designating petitions validated) | |
Puliafito v. Board of Elections in the City of New York, No. 11603, 11604 (App. Div. 1st Dept.) |
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| Case Summary | Seawright filed a petition designating her a candidate for the office of Member of the Assembly for the 76th District on the Democratic Party primary ballot. This petition required a cover sheet, which Seawright failed to file prior to the March 20 deadline. Seawright also filed a petition designating her a candidate for the same office on the Working Families Party primary ballot, which petition required the filing of a certificate of acceptance. Seawright failed to file the certificate of acceptance prior to the March 24 deadline. The Board of Elections invalidated both petitions. Seawright commenced proceedings to validate the petitions. Puliafito, the Republican candidate for the same office, moved to intervene (which motion was granted). After a hearing, the NY Supreme Court granted Seawright's petition to validate her designating petitions. The Board of Elections and Puliafito appealed and the Appellate Division (First Department) unanimously affirmed the Supreme Court's decision; however, the Court of Appeals reversed the decision, denying Seawright's petitions to validate and granting Puliafito's petitions to invalidate (and resolved a departmental split as to whether the late filing of a portion of a designating petition (e.g., a cover sheet, a certificate of acceptance) constitutes a fatal defect that invalidates such a petition). | |
| Filed | 05/08/2020 | |
| State | New York | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Other Designating petition defect: late filing of cover sheet and certificate of acceptance. |
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| Dispositive Ruling(s) | 05/14/2020: Order/Ruling, Seawright's Petition Affirmed (designating petitions validated) | |
Puliafito v. Board of Elections in the City of New York, No. 56 (N.Y. Ct. App.) |
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| Case Summary | Seawright filed a petition designating her a candidate for the office of Member of the Assembly for the 76th District on the Democratic Party primary ballot. This petition required a cover sheet, which Seawright failed to file prior to the March 20 deadline. Seawright also filed a petition designating her a candidate for the same office on the Working Families Party primary ballot, which petition required the filing of a certificate of acceptance. Seawright failed to file the certificate of acceptance prior to the March 24 deadline. The Board of Elections invalidated both petitions. Seawright commenced proceedings to validate the petitions. Puliafito, the Republican candidate for the same office, moved to intervene (which motion was granted). After a hearing, the NY Supreme Court granted Seawright's petition to validate her designating petitions. The Board of Elections and Puliafito appealed and the Appellate Division (First Department) unanimously affirmed the Supreme Court's decision; however, the Court of Appeals reversed the decision, denying Seawright's petitions to validate and granting Puliafito's petitions to invalidate (and resolved a departmental split as to whether the late filing of a portion of a designating petition (e.g., a cover sheet, a certificate of acceptance) constitutes a fatal defect that invalidates such a petition). | |
| Filed | 05/14/2020 | |
| State | New York | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Other Designating petition defect: late filing of cover sheet and certificate of acceptance. |
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| Dispositive Ruling(s) | 05/21/2020: Order/Ruling, Seawright's Petition Reversed/Puliafito's Petition Granted (designating petitions invalidated) | |
