Person v. New York State Board of Elections

From Ballotpedia
Jump to: navigation, search
Ballot law
BallotLaw final.png
State laws
Initiative law
Recall law
Statutory changes
Ballot Law Update
Current edition
Court cases
Lawsuit news
Ballot access rulings
Recent court cases
Petitioner access
Ballot title challenges
Superseding initiatives
Signature challenges
Local ballot measure laws
Person v. New York State Board of Elections is a 2006 decision of the United States Court of Appeals for the Second District. In its ruling, the Second Circuit upheld certain provisions of New York's election laws in the face of a lawsuit filed by Green Party candidate Carl Person, who sought to enjoin the enforcement of certain provisions of the law. Person had been a candidate for Attorney General of New York.[1]

The District Court denied Person's application for an injunction, and he subsequently appealed, ultimately unsuccessfully, to the Second Circuit.[1]

Person challenged a provision of the law that prohibits payment to petition circulators based on the number of signatures they collect. Person argued that the prohibition of per-signature payment violated U.S. Supreme Court precedent in Meyer v. Grant. However, the Second Circuit joined the Eighth and Ninth Circuits in holding that "that a state law prohibiting the payment of electoral petition signature gatherers on a per-signature basis does not per se violate the First or Fourteenth Amendments."[1]

Precedents mentioned in the case

  • People ex rel Beckerman v. Doe

External links

Suggest a link