Koppell v. New York State Board of Elections

OPINION

STEIN, District Judge.

I. - INTRODUCTION

G. Oliver Koppell-a candidate for the Democratic nomination for New York State Attorney General in 1994 and 1998- 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). Pursuant to Section 7-116(3), in primary elections in the 57 counties outside of New York City the order of candidates on the ballot is determined by lottery, so that the same candidate appears first on every ballot. See N.Y. Election Law § 116(3). In contrast, within New York City…