COVID-Related Election Litigation Tracker

Case Details

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

 

Yang v. Kellner

Closed

Yang v. Kellner, No. 1:20-cv-03325 (S.D.N.Y.), 2020 WL 2129597

  Case Summary Former presidential candidate Andrew Yang and certain pledged delegates sue New York State Board of Elections for canceling the presidential primary. The legal claims are: (1) undue burden on and denial of the right to vote under the 1st and 14th Amendments, (2) denial of procedural due process under the 14th Amendment, (3) denial of procedural due process under New York Constitution Article II, (4) request for declaratory judgment of defendants’ lack of authority to act under 28 U.S.C. 2201, 2202. The Court granted the preliminary injunction, ordering defendants to reinstate onto the Democratic primary ballot those presidential and delegate candidates who were duly qualified as of April 26, 2020 and to hold the primary election on June 23, 2020. The Second Circuit affirmed.
Filed 04/28/2020
State New York
Type of Court Federal
Circuit Second Circuit
Status Closed ()
Last Updated 09/06/2020
Issue Tag(s) Postpone/Cancel Primary Deadline
Complaint(s) 04/28/2020: Complaint filed.
Dispositive Ruling(s) 05/05/2020: Order/Ruling, The Court found that the Defendants’ actions violated Plaintiffs’ rights under the First and Fourteenth Amendments and therefore granted Plaintiffs’ motion for preliminary injunction, requiring the New York State Board of Elections to reinstate to the Democratic primary ballot those presidential and delegate candidates who were duly qualified as of April 26, 2020 and to hold the primary election on June 23, 2020.

Yang v. Kellner, No. 20-1494 (2d Cir.), 2020 WL 2820179

  Case Summary Former presidential candidate Andrew Yang and certain pledged delegates sue New York State Board of Elections for canceling the presidential primary. The legal claims are: (1) undue burden on and denial of the right to vote under the 1st and 14th Amendments, (2) denial of procedural due process under the 14th Amendment, (3) denial of procedural due process under New York Constitution Article II, (4) request for declaratory judgment of defendants’ lack of authority to act under 28 U.S.C. 2201, 2202. The Court granted the preliminary injunction, ordering defendants to reinstate onto the Democratic primary ballot those presidential and delegate candidates who were duly qualified as of April 26, 2020 and to hold the primary election on June 23, 2020. The Second Circuit affirmed.
Filed 05/06/2020
State New York
Type of Court Federal
Circuit Second Circuit
Status Closed ()
Last Updated 09/06/2020
Issue Tag(s) Postpone/Cancel Primary Deadline
Dispositive Ruling(s) 05/19/2020: Order/Ruling, Affirmed
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