JASTRZEMSKI v. PUBLIC CAMPAIGN FINANCING AND ELECTION COMMISSION OF STATE (2020)

Supreme Court, New York,

Joseph JASTRZEMSKI, as Candidate for the Office of Niagara County Clerk and as Voter and Taxpayer of Niagara County and New York State; Colin J. Schmitt, as Candidate for the Office of New York State Assembly and as Voter and Taxpayer of Orange County and New York State; Joshua Walker, as Voter and Taxpayer of Niagara County and New York State; William L. Ross, as Acting Chairman and Member of the Niagara County Committee of the Conservative Party of the State of New York, and as Voter and Taxpayer of Niagara County and New York State; Niagara County Committee of the Conservative Party of the State of New York; Conservative Party of the State of New York; Gerard Kassar, as Chairman and Member of the Conservative Party of the State of New York and as Voter and Taxpayer of Kings County and New York State, Plaintiffs, v. The PUBLIC CAMPAIGN FINANCING AND ELECTION COMMISSION OF the STATE of New York; Mylan Denerstein, Jay Jacobs, Denora Getachew, John Nonna, Rosanna Vargas, Crystal Rodriguez, Henry Berger, David Previte and Kimberly Galvin, as Commissioners of the Public Campaign Finance and Election Commission of the State of New York; the State of New York; the Board of Elections of the State of New York; Peter S. Kosinski, Douglas A. Kellner, Andrew J. Spano, and Gregory P. Peterson, as Commissioners of the Board of Elections of the State of New York; Governor of the State of New York; the Assembly of the State of New York; Speaker of the Assembly of the State of New York; Minority Leader of the Assembly of the State of New York; the Senate of the State of New York; Majority Leader of the Senate of the State of New York; Minority Leader of the Senate of the State of New York; and Niagara County Board of Elections, Defendants.

E169561 /2019

Decided: March 12, 2020

William F. Savino, Esq., Of Counsel, Andrea K. DiLuglio, Esq., Of Counsel, Woods Oviatt Gilman, LLP, Attorneys for the Plaintiffs, 1900 Main Place Tower, 350 Main Street, Buffalo, New York 14203 Craig R. Bucki, Esq., Kenneth A. Manning, Esq., Samuel S. Borbor-Sawyer, Esq., Phillips Lytle, LLP, Attorneys for Defendants The Assembly of the State of New York and the Speaker of the Assembly of the State of New York, Hon. Carl E. Heastie, One Canalside, 125 Main Street, Buffalo, New York 14203 Eric J. Hecker, Esq., John R. Cuti, Esq., Cuti Hecker Wang, LLP, Attorneys for Defendants The New York State Senate and the Senate Majority Leader Hon. Andrea Stewart-Cousins, 305 Broadway, Suite 607, New York, New York 10007 James M. McGuire, Esq., Daniel M. Horowitz, Esq., Holwell Schuster & Goldberg, LLP, Attorney for Defendants The Public Campaign Financing and Election Commission and Mylan Denerstein, Jay Jacobs, Denora Getachew, John Nonna, Rosanna Vargas, Crystal Rodriguez, Henry Berger as Commissioners of the Public Campaign Financing and Election Commission of the State of New York, 425 Lexington Ave., 14th floor, New York, New York 10017 Hon. Letitia James Attorney General of the State of New York by: Chris Liberati-Conant, Esq. Assistant Attorney General, Attorneys for Defendant The State of New York, The Capitol, Albany, New York 12224 Brittany L. Penberthy, Esq., Vandette Penberthy, LLP, Attorneys for Defendants Douglas A. Kellner and Andrew J. Spano as Commissioners of the Board of Elections of the State of New York, 227 Niagara Street, Buffalo, New York 14201 Michael Y. Hawrylchak, Esq., Cornelius D. Murray, Esq., O'Connell & Aronowitz, Attorneys for Defendants Kimberly Galvin as Commissioner of the Public Campaign Financing and Election Commission of the State of New York and Assembly Minority Leader, Hon. William A. Barclay (replacing Brian Kolb) 54 State Street, Albany, New York 12207 Jeffrey T. Buley, Esq., Brown Weinraub, Attorneys for Defendants David Previte as Commissioner of the Public Campaign Financing and Election Commission of the State of New York and Senate Minority Leader, Hon. John J. Flanagan, 50 State Street, Fourth Floor, Albany, New York 12207 James P. Domagalski, Esq., Barclay Damon, LLP, Attorneys for Defendants Peter S. Kosinski and Gregory P. Peterson as Commissioners of the Board of Elections of the State of New York, The Avant Building 200 Delaware Avenue, Buffalo, New York 14202 Jerome D. Schad, Esq., Attorney for Defendant Niagara County Board of Election Commissioner, Lora Allen, 199 Meadowview Lane Williamsville, New York 14221 Claude A. Joerg, Esq., Niagara County Attorney, Attorney for Niagara County Board of Elections and Commissioner, Jennifer Sandonato, Niagara County Courthouse, 175 Hawley Street, Lockport, New York Cameron Macdonald, Esq., Government Justice Center, Amicus Curiae, 30 S. Pearl Street, Suite 1210, Albany, New York 12054