Free Libertarian Party, Inc. v. Spano

STEVEN M. GOLD, United States Magistrate Judge

INTRODUCTION

This case arises out of the 2016 election cycle in the State of New York. Plaintiffs contend that their First Amendment rights were and continue to be violated by a New York Election Law that provides that only persons who are "duly qualified voter[s] of the State of New York" may witness signatures on nominating petitions. N.Y. Elec. Law § 6-140(1)(b).

Plaintiffs assert their First Amendment challenge pursuant to 42 U.S.C. § 1983 and against defendants Andrew J. Spano, Gregory P. Peterson, Peter S. Kosinski, and Douglas A. Kellner…