United States Second Circuit
Price v. New York State Bd. of Elections, 07-5367
In a challenge to state law prohibiting the use of absentee ballots in elections for county committee members brought under the First Amendment, grant of summary judgment for defendant state board of elections is reversed where: 1) the arguments proffered by the State are so extraordinarily weak that they cannot justify the burdens imposed by Election Law section 7-122; and 2) the district court therefore erred in granting defendants' motion to dismiss and in denying plaintiffs' motion for summary judgment.
Appellate Information
- Decided 08/22/2008
- Published 08/22/2008
Judges
- J. HALL, District Judge:, Before: B.D. PARKER and LIVINGSTON, Circuit Judges, and J. HALL, District Judge.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Thomas Marcelle, Albany, NY, for Plaintiffs-Appellants.
- For Appellees:
- Todd Valentine, Special Counsel, New York State Board of Elections, Albany, NY, for Defendants-Appellees.