Credico et al v. New York State Board of Elections et al

Filing 19

AMENDED MEMORANDUM & ORDER: I conclude that, under the circumstances, plaintiffs have demonstrated a clear or substantial likelihood of establishing that the burdens imposed on their important First Amendment and Fourteenth Amendment rights of politi cal affiliation outweigh New York's asserted interest in enforcing § 7.104.4(e). Accordingly, I grant plaintiffs' motion for preliminary injunction. The Commissioners are hereby enjoined from enforcing New York Election Law § 7. 104.4(e), and I direct them to certify the ballot in the November 2, 2010 general election so that Randy Credico's name is placed on the ballot lines for both the Libertarian Party and the APP. Ordered by Chief Judge Raymond J. Dearie on 10/28/2010. (Chee, Alvin)

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