you very much your honor the motion to expedite should be granted to avoid the continuing irreparable harm that plaintiffs are currently suffering the district court below held in the the motion to expedite is in fact did not the irreparable harm will become permanent as plaintiff appellants will not be able to bring or try to obtain parties status for another four years so therefore your honor is granting the motion to expedite and set an expedited briefing schedule we have filed our motion to expedite our as we have filed our opening brief it is on file with the court we filed it yesterday and we would that the court set an expedited briefing schedule such that the court can issue a ruling on the merits in time for the beginning of the independent nominating petition process which begins on july tenth why is that critical to you thank you your honor it's critical to us because we and our affidavits below that were uncontested uncontroverted upstate jobs party needs the ability to coordinate with their gubernatorial candidate in an unlimited manner just the same as parties are able to do why can't you do now your honor thank you we can do it now the point the point here is now that you  that the briefing schedule cuts into that time your honor what we need is the ability to provide support to our candidates learned and be so learned in v new york state board of elections second circuit case ruled that the petitioning process is both costly and formidable particularly upon minor parties what is you can't do we cannot provide sufficient support to our gubernatorial candidate that means efficient what is it you can't do we cannot provide sufficient funds to our candidates you from providing sufficient the up to the statute prohibits us from contributing more than forty four thousand dollars to our group an authorial candidate whereas the party committees are able to coordinate unlimited amounts of money with their candidates so we are at a start disadvantage already to give more than forty four thousand yes your honor martin martin babbitt on the record to support martin babbin except for david your honor explicitly says that he's ready and willing to contribute above the forty four thousand dollars to assist the candidate in its petitioning process so are respectfully ask any unused support for the argument that a public court can be given can be told by paula how much time it has to write a decision in new york progress in protection pack your honor that case involved in  actually a motion involved an appeal that was filed in late october on october seventeenth and the court actually heard oral argument on it on october eighteenth very next day and then rendered a decision on october twenty fourth i don't doubt that we can write a decision quickly my question was has any appellate ever got order requiring us to do so your honor i don't believe that i know of an order requiring the court to issue a decision excess of forty four thousand a week later we need to be able to obtain three hundred eighteen signatures a day at least you from doing that at least that many i mounted nothing prevents us from doing that right now but your honor my point is this is that we have to be able to obtain at least forty five thousand signatures and that takes and so you from doing it then you don't need that rigid schedule that denies them even a no not even a normal grieving period doesn't even give them thirty days according to your schedule and your honor we would be happy to do something along the lines of fourteen days for them to file their opposition brief fourteen days from yesterday we and your honor what we need is that ability to obtain the massive amount of signatures state wide and without adequate funds to do that early on we're coming up on a deadline of in august to submit protection pack where sean mccutcheon the donor in that case said that he would contribute two hundred thousand dollars fifty thousand dollars above the one hundred fifty thousand limit and he didn't contribute anything until the injunction nothing prevents him from giving tortie four thousand today nothing prevents him from being able to do that your honor is that ready explanation apparent from the record for why we haven't seen you before now i mean why are you here in an emergency basis in this compressed time frame we are here your honor we filed our complaint in the northern district of new york on april thirteenth the court granted expedited briefing and rendered its decision on may twenty second you saw this coming down the pass some time ago right certainly you honor the timeliness factor however as new york progress in protection pack the walsh second circuit case ruled that we can't be in the business of determining what speech is in time and what speech is out of time or untimely because in the heat of political speech it's speech is that it's zenith close in time to the election and deciding which speech is timely in which speech is not timely is a candid deciding what speech is important and not important so in that case new york progress and protection pack the lawsuit wasn't filed until two weeks after joe lhota was nominated as the republican nominee and the timeliness argument was raised and the second circuit disagreed despite the fact the district court saying the lawyers involved were all smart political operatives they had been around for a long time they saw this coming the claim didn't arise until they decided on a candidate who had the possibility of winning and so i think we are bringing our lawsuit far in advance of september we brought our lawsuit in april seventh several months before july and certainly more than enough time before november which these  fourteen day response time allow us you know five days to file a reply brief and have oral argument the week of june twenty fifth that that's what we would propose the ma owners so the fact that the election is upcoming does not in and of itself create an emergency the one donor that upstate jobs party states that it has who is willing and ready to donate upwards of the forty four thousand dollars that he's able to donate is also the founder of upstate jobs he founded it in twenty sixteen and actually is on record from two thousand and sixteen taking umbrage at the ballot access issue that he is now bringing a lawsuit over so the delay of nearly two years after this issue became problematic for him and now we are approaching the beginning of the petitioning period there was no need decided in advance of the of the beginning of the petitioning period you did already filed papers in the district court that would look presumably would resemble what we see here you did file papers in the district court you know in the district court it was duly rushed as well so it would not have the benefit of of a full briefing but you know yes we did file papers in in the district court and so you know with a if this court agrees with appellants that there is in fact an emergency as we outlined in our opposition papers the money that they will have on hand is certainly sufficient to potentially get their nominee on the ballot and certainly to begin the petitioning process so this idea that if this is not decided by july tenth they cannot comment this electoral activity is simply incorrect it he theirs and there's nothing in the record that indicates that they would not be able to begin differing a series of challenges to multiple parts of the election law and we are coordinating with our client agency to fully discuss and review the challenges and so considering the speed with with which the to get the requisite number of signatures the statute requires fifteen thousand signatures statewide but as lerma notes and as chad the new york state board of election notes you need to get far more than that to get to  prevent to provide yourself a cushion from the inevitable litigation that is to follow so really you need two to three times the amount and that's where i'm getting the number of forty five thousand dollars so really you're looking at forty five thousand signatures and you're looking at approximately can't be both either a we're bringing there according to them or bringing our lawsuit to later we brought our lawsuit too soon and i submit to the court that we brought our lawsuit just in time is when our claim ripe and thank you your own