Koppell v. New York State Board of Elections

OPINION and ORDER

STEIN, District Judge.

Plaintiffs G. Oliver Koppell — a former candidate for the Democratic nomination for New York Attorney General — and Arnold Linhardt and Marie Morrison — two New York state voters — brought this action challenging the constitutionality of New York Election Law § 7-116(3). For primary elections in counties outside of New York City this statute provides that the position of candidates on the ballot is determined by lottery. See N.Y. Election Law § 7-116(3). Plaintiffs argue that the statute violates their rights under the First and Fourteenth Amendments to…