Murawski v. N.Y.S. Bd. of Elections
Murawski v. N.Y.S. Bd. of Elections
Opinion of the Court
Defendants New York City Board of Elections (the "City Board"), New York City Campaign Finance Board (the "Finance Board") (collectively, the "City Defendants"), and New York State Board of Elections (the "State Board") (altogether the "Defendants") have moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the Complaint (the "Complaint") of pro se Plaintiff William Murawski ("Murawski" or the "Plaintiff"), in which he alleged violations of the First, Fifth, and Fourteenth Amendments of the U.S. Constitution, and
I. Prior Proceedings
Plaintiff commenced this action on September 8, 2017, alleging that all Defendants violated the First, Fifth, and Fourteenth Amendments of the U.S. Constitution and
Meanwhile, on November 6, 2017, the Plaintiff, acting pro se , filed a petition for a writ of mandamus seeking a temporary restraining order ("TRO") to temporarily postpone the New York General Election ("General Election") to be held on November 7, 2017. See Pet. for Writ of Mandamus, Nov. 6, 2017, ECF No. 21. This petition was referred to a three-judge panel, which ordered the request denied. See Order on Pet. for Writ of Mandamus, Nov. 6, 2017, ECF No. 21.
II. The Facts
The Amended Complaint sets forth the following facts, which are assumed true for the purposes of these motions to dismiss. See Koch v. Christie's Int'l PLC,
The Plaintiff is a natural born citizen of the United States. Am. Compl. 1. He alleges that he filed with Defendant City Board as a candidate for the Democratic Party nomination for New York City Mayor in the primary election that was held on September 12, 2017 ("Primary Election"), and as an independent candidate for New York City Mayor in the General Election that was held on November 7, 2017.
The Plaintiff asserts various grievances regarding elections in New York City arising from this and other experiences: (1) He alleges that the "signature scheme developed by the [State Board] and the [City Board] is an arbitrary and capricious device used by political parties to eliminate" candidates, see Am. Compl. 3; (2) he alleges that "the scheduling of Primary Elections by the [State Board] and the [City Board] violates the Equal Protection Clause" of the Fourteenth Amendment, because the proximity of these elections to the anniversary of the September 11, 2001 terrorist attacks distracts voters, see id. 4; (3) he alleges that the treatment of voters who are not enrolled in political parties violates the First Amendment, id. 3; and (4) he alleges that "representatives are hand-picked by the major parties in the city and state," id. The Plaintiff also lists various other grievances regarding his experiences with the election process in New York City dating back to the 1990s. Murawski Aff. ¶¶ 2-93.
The Plaintiff requests this Court (1) order that the Primary Election held on September 12, 2017 be "re-run" with the Plaintiff's name on the ballot; (2) place a TRO on the General Election held on November 7, 2017 until Defendants place Plaintiff's name on the ballot as a candidate for New York City Mayor under the party name "Voice of the People" and publish his name in the Finance Board voter guide ("Voter Guide"); (3) order the City and State Boards to "develop a ballot access procedure such as a bond requirement *694that is financially reasonable for candidates to obtain ballot access that is not arbitrary and capricious"; (4) order the City and State Boards to "allow those voters who are not registered in any constituted party to vote in all Primary Elections held in New York State"; (5) "[d]eclare the 2013 election for Mayor of the City of New York as null and void because of collusion and constitutional violations"; (6) order the City and State Boards to "have Primary Elections held in September to be held on any Tuesday in a week that is either before or after the yearly September 11th Commemoration" so as not to distract voters from the importance of voting; (7) order the City and State Boards to "schedule all Primary Elections for city, state and federal elections on the same day" so as to comply with the Equal Protection Clause of the Fourteenth Amendment, and to save taxpayers $9 million annually; (8) order the City and State Boards to "develop a method within a 3 year period whereby voters can obtain a paper receipt for the ballot they cast ... AND that the voter can verify on the internet"; and (9) order Defendants to "develop a method whereby a third, non-interested party such as the League of Woman Voters can verify the votes cast in any election held in New York State." Am. Compl. 4-5.
III. The Applicable Standard
On a Rule 12(b)(6) motion to dismiss, all factual allegations in the complaint are accepted as true and all inferences are drawn in favor of the pleader. Mills v. Polar Molecular Corp.,
While "a plaintiff may plead facts alleged upon information and belief 'where the belief is based on factual information that makes the inference of culpability plausible,' such allegations must be 'accompanied by a statement of the facts upon which the belief is founded.' " Munoz-Nagel v. Guess, Inc., No. 12 Civ. 1312 (ER),
In considering a motion to dismiss, "a district court may consider the facts alleged in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint." DiFolco v. MSNBC Cable L.L.C.,
Moreover, "because plaintiff is proceeding pro se, the Court must liberally construe his pleadings, and must 'interpret them to raise the strongest arguments that they suggest.' "
*695Murawski v. Pataki,
IV. The Defendants' Motions to Dismiss Plaintiff's Complaint Are Granted
Construing the Complaint liberally, the Plaintiff has failed to state any claim upon which relief may be granted. The Plaintiff has asserted five claims against the Defendants: as against all Defendants, violations of the First, Fifth, and Fourteenth Amendments to the U.S. Constitution, and
a. The Plaintiff's Claims Against the State Board Are Barred by Sovereign Immunity
The State Board argues that this Court lacks subject matter jurisdiction to hear Plaintiff's claims against it because it has sovereign immunity from such suits under the Eleventh Amendment. State Board Br. 4-6.
"Determining the existence of subject matter jurisdiction is a threshold inquiry and a claim is properly dismissed for lack of subject matter jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it." Morrison v. Nat'l Austl. Bank Ltd.,
The Eleventh Amendment of the U.S. Constitution states that "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const., amend. XI. "Although the Eleventh Amendment does not explicitly bar suits against a state by its own citizens, it is well established that a non-consenting state is immune from suits brought by its own citizens in federal court." Marino v. City University of New York,
Moreover, sovereign immunity "extends not only to the state itself, but also to entities considered 'arms of the state.' " Clissuras v. City Univ. of New York,
Accordingly, because New York has not waived its immunity or consented to being sued under the Constitution or
b. The City Defendants' Motion to Dismiss is Granted
The City Defendants assert that the Amended Complaint should be dismissed because the Plaintiff did not properly serve the Defendants with the Summons and the Amended Complaint, and neither the Complaint nor the Amended Complaint state a claim upon which relief may be granted.
The Plaintiff has failed to plead facts sufficient to support any of the aforementioned claims to relief. First, the Plaintiff's request that the Primary Election held on *697September 12, 2017 be "re-run" with the Plaintiff's name on the ballot is denied. Am. Compl. 4. The Plaintiff provides no factual support for why such action is warranted. The Plaintiff cites only "Due Process Violations against Murawski" and that "[t]he signature schemes developed and implemented by the [State Board] and the [City Board] are unconstitutional."
Likewise, the Plaintiff's second claim for relief is dismissed as the Plaintiff failed to seek an order to show cause requesting the postponement of the General Election held on November 7, 2017.
Third, the Plaintiff's request that the Court order the City and State Boards to develop a financially reasonable ballot access procedure is not grounded in any factual or legal basis. See Am. Compl. 5. In support of this request, the Plaintiff argues that the five percent signature requirement to be placed on the General Election ballot or the Voter Guide is "arbitrary and capricious."
Next, the Plaintiff seeks to have any unaffiliated voter participate in the selection of a political party's nominee, in opposition to New York State's closed primary system. See Am. Compl. 5. However, the Supreme Court of the United States has upheld such a system as constitutional. See Rosario v. Rockefeller,
Further, the Plaintiff requests the Court "[d]eclare the 2013 election for Mayor of the City of New York as null and void because of collusion and [c]onstitutional violations." Am. Compl. 5. The Plaintiff has provided no legal or factual support for this claim, so it is dismissed.
The Plaintiff also seeks to have the City and State Boards schedule the dates of all future Primary Elections for some Tuesday at least one week removed from September 11 of that year. Am. Compl. 5. While the Plaintiff provides that this will be less distracting for voters, he does not offer legal grounds for this request. Accordingly, this request is denied.
*698The Plaintiff requests that the City and State Boards schedule all Primary Elections for elected positions to city, state, and federal government on the same day, so as to comply with the Equal Protection Clause of the Fourteenth Amendment and to save taxpayers approximately $9 million annually.
Next, the Plaintiff seeks that the City and State Boards, within three years, develop methods that allow voters to obtain a paper receipt after voting, and to verify online that their vote was counted.
Finally, the Plaintiff asks the Court to order the City Board to develop a method whereby a third, non-interested party verifies votes cast in any election held in New York State.
V. Conclusion
For the foregoing reasons, the Defendants' motions to dismiss are granted, and the Plaintiff's Amended Complaint is dismissed.
It is so ordered.
In his Amended Complaint and Affidavit, the pro se Plaintiff has submitted a lengthy set of facts covering a large timeframe; has listed the aforementioned constitutional and statutory bases on which he seeks relief; and has requested nine unique forms of relief from this Court. However, the Plaintiff has not done so much to relate each of these pieces to the other. Nevertheless, construing the pleadings liberally, as this Court must for pro se litigants, the Court "interpret[s] them to raise the strongest arguments that they suggest." McPherson v. Coombe,
Accordingly, as a reminder, the Plaintiff has requested the following relief: (1) order that the Primary Election held on September 12, 2017 be "re-run" with the Plaintiff's name on the ballot; (2) place a TRO on the General Election held on November 7, 2017 until Defendants place Plaintiff's name on the ballot as a candidate for New York City Mayor under the party name "Voice of the People" and publish his name in the Voter Guide; (3) order the City and State Boards to "develop a ballot access procedure such as a bond requirement that is financially reasonable for candidates to obtain ballot access that is not arbitrary and capricious"; (4) order the City and State Boards to "allow those voters who are not registered in any constituted party to vote in all Primary Elections held in New York State"; (5) "[d]eclare the 2013 election for Mayor of the City of New York as null and void because of collusion and constitutional violations"; (6) order the City and State Boards to "have Primary Elections held in September to be held on any Tuesday in a week that is either before or after the yearly September 11th Commemoration" so as not to distract voters from the importance of voting; (7) order the City and State Boards to "schedule all Primary Elections for city, state and federal elections on the same day" so as to comply with the Equal Protection Clause of the Fourteenth Amendment, and to save taxpayers $9 million annually; (8) order the City and State Boards to "develop a method within a 3 year period whereby voters can obtain a paper receipt for the ballot they cast ... AND that the voter can verify on the internet"; and (9) order Defendants to "develop a method whereby a third, non-interested party such as the League of Woman Voters can verify the votes cast in any election held in New York State." Am. Compl. 4-5.
Moreover, for this claim to be successful, it should have been brought within three years, per the statute of limitations for § 1983 claims. See Murawski,
Reference
- Full Case Name
- William MURAWSKI v. NEW YORK STATE BOARD OF ELECTIONS, New York City Board of Elections, and New York City Campaign Finance Board
- Cited By
- 15 cases
- Status
- Published