Common Cause/New York v. Brehm et al

Filing 186

CLERK'S JUDGMENT re: 185 Findings of Fact & Conclusions of Law in favor of Andrew J. Spano, Douglas A. Kellner, Gregory P. Peterson, Peter S. Kosinski, Robert A. Brehm, Todd D. Valentine against Common Cause/New York. It is hereby ORDERE D, ADJUDGED AND DECREED: That for the reasons stated in the Court's Findings of Fact and Conclusions of Law dated January 10, 2020, the Court concludes that New York's refusal to provide inactive lists at polling locations violates the Equal Protection Clause. The State is therefore ordered to provide the names of inactive voters registered to vote in a particular election district to the poll workers of that election district. The Court further concludes that the State's a ffidavit-ballot process does not violate the Fourteenth Amendment. And the Court identifies three discrete voters as to whom the State violated the National Voter Registration Act. In its Amended Complaint, Common Cause requested the award of &quo t;the costs and disbursements incurred in connection with this action, including, without limitation, their reasonable attorneys' fees, expenses, and costs." If Common Cause continues to seek this award, it is ordered to detail its expen ses and submit letter briefing justifying its request no later than three weeks from the date of the Order. The State may submit its briefing regarding Common Cause's request no later than three weeks after that. Common Cause may then submit a reply no later than one week after that. The Court retains jurisdiction to monitor the State's compliance with the terms of the Order. (Signed by Clerk of Court Ruby Krajick on 1/13/2020) (Attachments: # 1 Right to Appeal)(km)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Common Cause/New York, as an organization
and on behalf of its members,
Plaintiff,
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CIVIL 6770 (AJN)

JUDGMENT
Robert A. Brehm et al.,
Defendants.

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It is hereby

ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the

Court's Findings of Fact and Conclusions of Law dated January 10, 2020, the Court concludes that New York's
refusal to provide inactive lists at polling locations violates the Equal Protection Clause. The State is therefore
ordered to provide the names of inactive voters registered to vote in a particular election district to the poll
workers of that election district. The Court further concludes that the State's affidavit-ballot process does not
violate the Fourteenth Amendment. And the Court identifies three discrete voters as to whom the State violated
the National Voter Registration Act. In its Amended Complaint, Common Cause requested the award of "the
costs and disbursements incurred in connection with this action, including, without limitation, their reasonable
attorneys' fees, expenses, and costs." If Common Cause continues to seek this award, it is ordered to detail its
expenses and submit letter briefing justifying its request no later than three weeks from the date of the Order.
The State may submit its briefing regarding Common Cause's request no later than three weeks after that.
Common Cause may then submit a reply no later than one week after that. The Court retains jurisdiction to
monitor the State's compliance with the terms of the Order.

Dated: New York, New York
January 13, 2020
RUBY J. KRAJICK
Clerk of Court
BY: