Thomas v. New York Board of Elections
1:12-cv-04223
S.D.N.Y.Jun 4, 2012Background
- On April 16, 2012, a petition was filed with the Board to designate Escoffery-Bey as a candidate for Congress.
- The Board found the initial cover sheet defective for failing to list the congressional district and for zip-code inconsistency with the petition.
- Escoffery-Bey submitted an amended cover sheet on April 20, but the Board again found it defective for not listing the party under which he sought to run.
- A second amended cover sheet was submitted 34 minutes later, but it remained defective for lacking the required signed statement certifying authorization to file the amendment.
- The Board informed Escoffery-Bey on April 24 that his name would not appear on the ballot due to noncompliance with its Rules and filing deadlines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs have a constitutional right to ballot access or to vote for Escoffery-Bey. | Plaintiffs contend First and Fourteenth Amendment rights were violated. | Board's procedures were reasonable and nondiscriminatory; no deprivation occurred. | No likelihood of success; no constitutional deprivation shown. |
| Whether the Board's actions violated due process or state-law remedies provided adequate relief. | Voters were deprived of process and should be able to challenge via federal action. | Rivera-Powell allows state-law remedy to satisfy due process; voters lack independent deprivation. | No due-process violation; state-law remedies sufficed; plaintiffs failed on merits. |
Key Cases Cited
- Rivera-Powell v. New York City Bd. of Elections, 470 F.3d 458 (2d Cir. 2006) (state-law remedy can satisfy due process; voters have no independent deprivation)
- Mastrovincenzo v. The City of New York, 435 F.3d 78 (2d Cir. 2006) (mandatory injunction standard; alterations of the status quo)
- Marchant v. New York City Bd. of Elections, 815 F. Supp. 2d 568 (E.D.N.Y. 2011) (pre-deprivation hearings and state procedures provide due process to voters)
- Monell v. New York City Dept. of Soc. Servs., 436 U.S. 658 (1978) (municipal liability for official policy; framework for color-of-state-law actions)