Upstate Jobs Party Lose Preliminary Injunction Before Second Circuit

UPSTATE JOBS PARTY, MARTIN BABINEC, JOHN

BULLIS,

Plaintiffs-Appellants,

v. No. 18-1586-cv

PETER S. KOSINSKI, New York State Board of

Elections Co-Chair Commissioner, in his official capacity,

DOUGLAS A. KELLNER, New York State Board of

Elections Co-Chair Commissioner, in his official capacity,

ANDREW J. SPANO, New York State Board of Elections

Commissioner, in his official capacity, GREGORY P.

PETERSON, New York State Board of Elections

Commissioner, in his official capacity,

Defendants-Appellees.

———————————————————————-

FOR APPELLANTS: Shawn Sheehy, Jason B. Torchinsky, Holtzman

Vogel Josefiak Torchinsky, PLLC, Warrenton,

Virginia; Michael Burger, Santiago Burger,

LLP, Pittsford, New York.

Case 18-1586, Document 82-1, 07/20/2018, 2349199, Page1 of 6

2

FOR APPELLEES: Andrea Oser, Deputy Solicitor General, Jennifer

L. Clark, Assistant Solicitor General, for

Barbara D. Underwood, Attorney General of the

State of New York, Albany, New York.

Appeal from an order of the United States District Court for the Northern District

of New York (Glenn T. Suddaby, Chief Judge) denying a preliminary injunction.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,

AND DECREED that the order entered on May 22, 2018, is AFFIRMED.

Plaintiffs Upstate Jobs Party, its founder, Martin Babinec, and its Chairman and

Executive Director, John Bullis (together, “UJP”), appeal from the denial of their motion

preliminarily to enjoin commissioners of the New York State Board of Elections

(“Board”) from enforcing certain state election laws that restrict campaign contributions

to and from “Independent Bodies” such as UJP in ways that do not apply to political

“Parties.”1 Arguing that the disparate treatment violates constitutional rights of free

speech and equal protection, see U.S. Const. amend. I & XIV, UJP seeks to enjoin

enforcement of (1) N.Y. Elec. Law § 14-114(1) and 9 N.Y.C.R.R. § 6214.0, which

prohibit individual contributions to UJP greater than $44,000 and UJP contributions to its

own gubernatorial candidate greater than $44,000, but which allow individual

contributions to Parties up to $109,600 and Party contributions to their own candidates in unlimited amounts; and (2) N.Y. Elec. Law § 14-124(3), which permits Parties, but not

UJP, to establish “Housekeeping Accounts” for which Parties may raise funds in any

1 See N.Y. Elec. Law § 1-104(3), (12) (defining Parties as organizations whose

gubernatorial candidates received at least 50,000 votes in most recent election and

Independent Bodies as organizations not Parties).

Case 18-1586, Document 82-1, 07/20/2018, 2349199, Page2 of 6

amount for “ordinary activities . . . not for the express purpose of promoting the

candidacy of specific candidates,” id.

 

Read the decision here: 82-1 2d Cir PI Decision

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