Conservative Party v. Walsh

OPINION

JED S. RAKOFF, District Judge.

On February 3, 2011, plaintiffs the Conservative Party, the Working Families Party, and the Taxpayers Party filed a Second Amended Complaint pursuant to 42 U.S.C. § 1983 challenging the constitutionality of New York Election Law § 9-112(4)1 (the “Statute”) and its corresponding regulation, 9 N.Y.C.R.R. § 6210.13(A)(7)2 (the “Regulation”). The Statute and Regulation together codify the State’s policy and practice with respect to so-called “double-voting,” a problem that arises when a candidate accepts the nomination of multiple political parties and the…