Lopez Torres v. New York State Board of Elections
(page last updated October 22, 2007 at 10:48 AM)
Case Information
All Courts: U.S. District Court, Eastern District of New York (Case 1:04-cv-1129-JG-SMG); U.S. Court of Appeals, 2nd Circuit (Case 06-0635-cv)
Topic(s): Ballot Access, Ballot Access
State: New York
Date Filed: March 18, 2004
Date Ended: August 21, 2006
Case Summary
In this case Plaintiffs, voters and would-be candidates for the office of New York Supreme Court Justice, have brought suit against the New York State Board of Elections seeking a declaration that the New York's judicial convention is unconstitutional, and a preliminary injunction prohibiting the use of the same until such time as the New York state legislature creates a new system.
Plaintiffs allege that the current judicial convention system violates the First and Fourteenth Amendment to the United States Constitution as voters are deprived of their right to choose their parties' candidate for the New York Supreme Court, and substantially burdens candidates from challenging candidates from the two primary parties, the Republicans and Democrats.
In granting a preliminary injunction in favor of Plaintiffs, the United States District Court for the Eastern District of New York found that the nominating conventions are not the places where decisions involving candidates are made; instead they are merely stamps of approval to decisions made elsewhere, primarily by district and county leaders. Voters play virtually no role in either the selection of delegates to the convention or the primary party candidates for the New York Supreme Court. Additionally, candidates who wish to challenge these primary party candidates are required to recruit a substantial number of persons to sign petitions; even in cases where the required signatures are obtained, no evidence could be found of a candidate who was not backed by party leaders winning the election. Analyzing all of these facts, the Court found that the substantial burden imposed on these challenging candidates is not reasonably related to any of the state's interests asserted by the Defendants.
District Court Documents
- Complaint
(filed 3/18/04)
- Answer to Complaint by the New York State Board of Elections
(filed 4/28/04)
- Letter from Todd Valentine jointly with Defendant-Intervenors to Judge Gleeson regarding schedule for response to Plaintiff's preliminary injunction motion
(filed 7/2/04)
- Letter from Plaintiffs to Judge Gleeson regarding schedule for preliminary injunction motion
(filed 7/7/04)
- Letter from Todd Valentine to Judge Gleeson regarding request for adjournment of Hearing on Plaintiff's preliminary injunction motion
(filed 7/28/04)
- Letter from Plaintiffs to Judge Gleeson regarding schedule for preliminary injunction motion
(filed 7/29/04)
- Rule 56.1 Statement by the New York Democratic Committee
(filed 8/26/04)
- Declaration of David Sifre Relating to Complaint for Preliminary Injunctive Relief
(filed 8/27/04)
- Declaration of Alice Schlesinger Relating to Complaint for Preliminary Injunctive Relief
(filed 8/27/04)
- Memorandum of Law in Opposition to Plaintiffs' Complaint for a Preliminary Injunction
(filed 8/27/04)
- Notice of Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Memorandum in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Margarita Lopez Torres in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of John W. Carroll in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Rachel Leon in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Philip C. Segal in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of John Manning Regan, Sr. in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Mary J. Geissman in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Benjamin Oster in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Bruce E. Cain in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Roy A. Schotland in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Henry T. Berger in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of William Lipton in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Declaration of Jeremy Creelan in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Memorandum in Opposition to Motion for Preliminary Injunctive Relief by New York State Attorney General
(filed 8/30/04)
- Memorandum in Opposition to Motion for Preliminary Injunctive Relief by New York Democratic Committee
(filed 8/30/04)
- Affidavit in Opposition to Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Reply declarations in support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Reply Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 8/30/04)
- Limited Surreply Memorandum of Law of Intervenor Defendant New York County Democratic Committee in Further Opposition to Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 9/13/04)
- Memorandum of Law filed by Charles Hynes
(filed 9/29/04)
- Plaintiffs' proposed findings of fact in support of Motion for Preliminary Injunctive Relief
(filed 10/20/04)
- Plaintiffs' proposed conclusions of law in support of Motion for Preliminary Injunctive Relief
(filed 10/20/04)
- Defendants' proposed conclusions of law in opposition to Motion for Preliminary Injunctive Relief
(filed 10/27/04)
- Defendants' proposed findings of fact in opposition to Motion for Preliminary Injunctive Relief
(filed 10/27/04)
- Corrected Defendants' conclusions of law in opposition to Motion for Preliminary Injunctive Relief
(filed 10/27/04)
- Corrected Defendants' proposed findings of fact in opposition to Motion for Preliminary Injunctive Relief
(filed 10/27/04)
- Plaintiffs' reply findings of fact in support of Motion for Preliminary Injunctive Relief
(filed 11/3/04)
- Plaintiffs' reply conclusions of law in support of Motion for Preliminary Injunctive Relief
(filed 11/3/04)
- Defendants' proposed conclusions of law in opposition to Motion for Preliminary Injunctive Relief (corrected)
(filed 10/27/04)
- Defendants' surreply conclusions of law in further opposition to Motion for Preliminary Injunctive Relief
(filed 11/10/04)
- Defendants' surreply proposed findings of fact in further opposition to Motion for Preliminary Injunctive Relief
(filed 11/10/04)
- Defendants' corrected surreply proposed findings of fact in further opposition to Motion for Preliminary Injunctive Relief
(filed 11/15/04)
- Defendants' corrected proposed findings of fact in opposition to Plaintiffs' Motion for Preliminary Injunctive Relief
(filed 1/26/05)
- Letter with revised Plaintiffs' Exhibits
(filed 1/24/06)
- District Court Decision
- Letter regarding petitioning requirements by Margarita Lopez Torres
(filed 2/3/06)
- Letter regarding petitioning requirements by New York State Board of Elections
(filed 2/3/06)
- Notice of Appeal
(filed 2/7/06)
- Letter reply regarding petition signature requirements by New York State Board of Elections
(filed 2/8/06)
- Letter to Judge Gleeson by Margarita Lopez Torres
(filed 2/13/06)
- Minute entry for proceedings held before Judge Gleeson

- Motion for Stay by New York Republican Committee, Association Of Justices Of The Supreme Court Of The State And City Of New York, Eliot Spitzer, New York State Board of Elections, The New York Democratic Committee
(filed 2/24/06)
- Memorandum in Support of Motion to Stay
(filed 2/24/06)
- Plaintiffs' Memorandum of Law in Response to Defendants' Motion for a Stay and Other Relief
(filed 3/1/06)
- Defendants' Reply Memorandum of Law in Further Support of Motion to Stay
(filed 3/3/06)
- Order granting stay of preliminary injunction

- Letter from Defendants and Defendant-Intervenors regarding signature requirements by New York State Board of Elections
(filed 3/10/06)
- Memorandum of Law in Support of Plaintiffs' Motion for Leave to File Amended Complaint
(filed 3/14/06)
- Letter regarding petitioning requirements by C. Alfred Santillo, John J. Macron, Lili Ann Motta, John W. Carroll, Margarita Lopez Torres, Philip C. Segal, Susan Loeb, David J. Lansner, Common Cause/NY, and Steven Banks
(filed 3/17/06)
- First Amended Complaint
(filed 3/20/06)
- Letter (corrected) to the Honorable Judge Gleeson from James P. Chou in response to the March 17, 2006 letter of Kent Yalowitz, Esq., regarding Plaintiffs' proposal for the appropriate petitioning requirements for primary elections for the Supreme Court Justices by the New York Democratic Committee
(filed 3/22/06)
- Answer to Amended Complaint
(filed 3/29/06)
- Answer to First Amended Complaint by Association of Justices of the Supreme Court of the State and City of New York
(filed 3/30/06)
- Answer to First Amended Complaint by Commissioners Kelleher, Donahue and Aquila and by the New York State Board of Elections
(filed 3/31/06)
- Memorandum of Law in Opposition to Motion to Intervene
(filed 4/3/06)
- Letter to the Honorable Judge Gleeson in response to the February 23, 2006 letter of Christopher Earl Strunk seeking permission to intervene as a pro se Plaintiff in this action
(filed 4/4/06)
- Order supplementing Preliminary Injunction with petitioning requirements
(entered 4/7/06)
Court of Appeals Documents
- Brief for the Appellants
(filed 4/11/06)
- Amicus Brief of St. Lawrence County Bar Association
(filed 4/20/06)
- Amicus Brief of the Metropolitan Black Bar Association, Dominican Bar Association, Korean American Lawyers Association of Greater New York, James Castro-Blanco, Esq., Eliezer Rodriguez, Esq., and Fiorduliza Rodriguez, Esq.
(filed 4/20/06)
- Amicus Brief of Richmond County Bar Association
(filed 4/20/06)
- Amicus Brief of Women's Bar Association of the State of New York
(filed 5/5/06)
- Notice of Appeal as to Order supplementing Preliminary Injunction with petitioning requirements by New York State Board of Elections
(filed 5/5/06)
- Notice of Appeal as to Order supplementing Preliminary Injunction with petitioning requirements by New York Democratic Committee
(filed 5/5/06)
- Amicus Brief of the Asian American Bar Association of New York
(filed 5/8/06)
- Brief for the Appellees
(filed 5/9/06)
- Amicus Brief of Fund for Modern Courts
(filed 5/15/06)
- Amicus Brief of Mayor Edward Koch
(filed 5/15/06)
- Notice of Appeal as to oral Order denying Motion to Intervene by Christopher Earl Strunk
(filed 5/16/06)
- Amicus Brief of Citizens Union of the City of New York
(filed 5/17/06)
- Amicus Brief of New York County Lawyers' Association
(filed 5/17/06)
- Amicus Brief of Kings County District Attorney Charles Hynes
(filed 5/18/06)
- Amicus Brief of New York Civil Liberties Union
(filed 5/18/06)
- Amicus Brief of The Asian American Legal Defense and Education Fund, The Puerto Rican Legal Defense and Education Fund, The Puerto Rican Bar Association, Latino Lawyers Association of Queens County, Inc., The Center for Law and Social Justice, The Amistad Black Bar Association of Long Island, and the Rochester Black Bar Association
(filed 5/18/06)
- Amicus Brief of Former New York State Judges
(filed 5/18/06)
- Amicus Brief of the Association of the Bar of the City of New York
(filed 5/18/06)
- Reply Brief for the Appellants
(filed 5/22/06)
- Amicus Brief of the New York Legislature
(filed 6/2/06)
- Appellees' Letter in Response to Legislature's Brief
(filed 6/5/06)
- APPELLANT's Corrected brief filed with proof of service (filed 8/21/06)
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