22-44-cv Libertarian Party of New York v. New York State Board of Elections

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals for the Second Circuit, held at the 2 Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 3 19th day of October, two thousand twenty-two. 4 5 Present: 6 JON O. NEWMAN, 7 JOHN M. WALKER, JR., 8 EUNICE C. LEE, 9 Circuit Judges. 10 _____________________________________ 11 12 LIBERTARIAN PARTY OF NEW YORK, ANTHONY 13 D’ORAZIO, LARRY SHARPE, GREEN PARTY OF NEW 14 YORK, GLORIA MATTERA, PETER LAVENIA, 15 16 Plaintiffs-Appellants, 17 18 v. 22-44-cv 19 20 NEW YORK STATE BOARD OF ELECTIONS, PETER S. 21 KOSINSKI, AS THE CO-CHAIR OF THE NEW YORK 22 STATE BOARD OF ELECTIONS, DOUGLAS A. KELLNER, 23 AS THE CO-CHAIR OF THE NEW YORK STATE BOARD 24 OF ELECTIONS, ANDREW J. SPANO, AS A 25 COMMISSIONER OF THE NEW YORK STATE BOARD OF 26 ELECTIONS, TODD D. VALENTINE, AS CO-EXECUTIVE 27 DIRECTOR OF THE NEW YORK STATE BOARD OF 28 ELECTIONS, ROBERT A. BREHM, CO-EXECUTIVE

1 29 DIRECTOR OF THE NEW YORK STATE BOARD OF 30 ELECTIONS, 31 32 Defendants-Appellees. 33 _____________________________________ 34 35 For Plaintiffs-Appellants: JAMES OSTROWSKI (Michael Kuzma, on the 36 brief), Buffalo, New York. 37 38 For Defendants-Appellees: ELLIOT HALLAK (Daniel R. LeCours, 39 Thomas J. Garry, Kyle D. Gooch, on the 40 brief), Harris Beach PLLC, Albany, New 41 York. 42 43 Appeal from a judgment of the United States District Court for the Southern District of

44 New York (Koeltl, J.).

45 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND

46 DECREED that the judgment of the district court is AFFIRMED.

47 Plaintiffs Libertarian Party of New York, Anthony D’Orazio, Larry Sharpe, Green Party

48 of New York, and Peter LaVenia appeal from the district court’s grant of summary judgment in

49 favor of defendants,

(S.D.N.Y. 2021). We assume the parties’ familiarity with

50 the facts and procedural history of the case, and the arguments on appeal.

51 Having reviewed the district court’s grant of summary judgment de novo, Delaney v. Bank

52 of Am. Corp.,

(2d Cir. 2014), and considered the parties’ arguments on appeal,

53 we affirm substantially for the reasons stated by the district court in its Opinion and Order dated

54 December 22, 2021.

55 FOR THE COURT: 56 Catherine O’Hagan Wolfe, Clerk of Court

2