CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 5/28/2023 1

Injunction Against Purging Minor-Party 

Registrations for the Party’s Failure 

to Qualify as an Established Party 

Green Party of New York State v. New York State 

Board of Elections (John Gleeson, E.D.N.Y. 1:02-cv-6465) 

Three days before the certification of a gubernatorial election would 

result in a minor party’s demotion from established-party status because its candidate received an insufficient number of votes for 

governor, the party filed a federal complaint challenging the stripping of registered-party membership for all of its registered members. The district judge issued a temporary restraining order in the 

party’s favor. Later, the court of appeals affirmed a preliminary injunction in the party’s favor. 

Subject: Nullifying registrations. Topics: Registration 

procedures; interlocutory appeal; intervention; getting on the ballot; 

attorney fees; pro se party. 

On December 10, 2002, following New York’s 2002 gubernatorial election, 

the state’s Green Party and six supporters filed a federal complaint in the 

Eastern District of New York challenging state law that would strip party 

members’ registered membership if the party failed to maintain recognizedparty status by obtaining at least 50,000 votes in the election to be certified 

on December 13.1 “New York is one of only three states (Iowa and Kansas are 

the others) that limit the voters’ enrollment choices to parties that have received a certain level of political support.”2

The sole purpose of that statute, the State Board argued, “is to provide a list 

of people who can vote in primary elections.” The State Board conceded 

that whatever the intended purpose of the voter enrollment scheme, the enrollment lists published by the local boards of elections are in fact used by 

political parties for associational purposes, including get-out-the-vote efforts and disseminating information about party positions.3

Judge John Gleeson heard the case on December 10 and 12.4 He granted 

the plaintiffs a temporary restraining order: 

1. Complaint, Green Party of N.Y. State v. N.Y. State Bd. of Elections, No. 1:02-cv-6465 

(E.D.N.Y. Dec. 10, 2002), D.E. 1; Green Party of N.Y. State v. N.Y. State Bd. of Elections, 389 

F.3d 411, 415–16 (2d Cir. 2004); Green Party of N.Y. State v. N.Y. State Bd. of Elections, 267 

F. Supp. 2d 342, 348 (E.D.N.Y. 2003). 

2. Green Party of N.Y. State, 267 F. Supp. 2d at 345; see id. at 344 (“there are political organizations that are commonly and correctly referred to as political parties that are not ‘parties’ within the meaning of New York law”). 

3. Id. at 349. 

4. Docket Sheet, Green Party of N.Y. State, No. 1:02-cv-6465 (E.D.N.Y. Dec. 10, 2002) 

(D.E. 4, 5); Green Party of N.Y. State, 267 F. Supp. 2d at 348. 

Judge Gleeson resigned on March 9, 2016. Federal Judicial Center Biographical Directory 

of Article III Federal Judges, www.fjc.gov/history/judges. 
Injunction Against Purging Minor-Party Registrations 

for the Party’s Failure to Qualify as an Established Party 

2 Federal Judicial Center 5/28/2023 

I concluded that plaintiffs had convincingly alleged that the law imposed a 

severe burden on their First and Fourteenth Amendment rights to associate 

and express their political beliefs, and that the State’s purported interests in 

protecting Green Party candidates and the more-established political parties 

were neither compelling nor reasonable. Given that the harm was to take effect on December 13, 2002, plaintiffs had therefore demonstrated an irreparable injury and a likelihood of success on the merits.5

On December 17, Judge Gleeson issued an interim injunction giving minor parties recognized status so long as they obtained at least 50,000 votes in 

either the 1998 or the 2002 gubernatorial election and ordering defendant 

election officials to show cause on January 16, 2003, why the plaintiffs’ relief 

should not be extended in time.6 On May 30, 2003, Judge Gleeson issued a 

published preliminary injunction.7

On July 18, 2003, Judge Gleeson granted motions to intervene by the Liberal Party, the Right to Life Party, the Libertarian Party, and the Marijuana 

Reform Party.8 On September 18, Judge Gleeson modified the injunction 

to require the State Board to open New York’s voter enrollment scheme to 

all of the plaintiff political parties by placing an “Other” line on the state’s 

voter registration form and directing the local boards of elections to maintain and update the enrollment information of voters who indicate their affiliation with the Green, Liberal, Libertarian, Marijuana Reform, or Right to 

Life Parties.9

Judge Gleeson also ordered New York to cease regarding Green Party members as unenrolled on the board of elections’ website.10

5. Temporary Restraining Order at 1–2, Green Party of N.Y. State, No. 1:02-cv-6465 

(E.D.N.Y. Dec. 17, 2002, filed Jan. 17, 2003), D.E. 9; Green Party of N.Y. State, 389 F.3d at 

417; Green Party of N.Y. State, 267 F. Supp. 2d at 349–50 & n.8; see Joel Siegel, 3 Parties Not 

Yet Over for N.Y. Voters, N.Y. Daily News, Dec. 13, 2002, at 52. 

6. Order, Green Party of N.Y. State, No. 1:02-cv-6465 (E.D.N.Y. Dec. 17, 2002), D.E. 2; 

Green Party of N.Y. State, 267 F. Supp. 2d at 349; see Docket Sheet, supra note 4 (D.E. 13); 

Green Party of N.Y. State, 389 F.3d at 417; Green Party of N.Y. State, 267 F. Supp. 2d at 350. 

7. Green Party of N.Y. State, 267 F. Supp. 2d 342, aff’d, 389 F.3d 411; see Andy Newman, 

Judge Rules for Small Parties Seeking to Remain in Business, N.Y. Times, June 4, 2003, at B6. 

8. See Opinion at 79–80, Green Party of N.Y. State, No. 1:02-cv-6465 (E.D.N.Y. Sept. 18, 

2003), D.E. 80 [hereinafter Injunction Modification], 2003 WL 22170603; Green Party of 

N.Y. State, 389 F.3d at 414, 417; see also Elizabeth Benjamin, Ruling Boosts Minor Parties, 

Albany Times Union, July 17, 2003, at B2. 

On July 1, 2004, Judge Gleeson denied intervention to pro se litigants seeking to challenge New York’s delaying the effect of a change in party enrollment until after an intervening general election. Opinion, Green Party of N.Y. State, No. 1:02-cv-6465 (E.D.N.Y. July 1, 

2004), D.E. 106, appeal dismissed, Order, Strunk v. Green Party of N.Y. State, No. 04-1085 

(2d Cir. Oct. 5, 2005), filed as Mandate, Green Party of N.Y. State, No. 1:02-cv-6465 

(E.D.N.Y. July 11, 2006), D.E. 157. 

9. Injunction Modification, supra note 8, at 9; see Green Party of N.Y. State, 389 F.3d at 

414, 417; see also Elizabeth Benjamin, Court Spares Minor Political Parties, Albany Times 

Union, Sept. 25, 2003, at B2. 

10. Order, Green Party of N.Y. State, No. 1:02-cv-6465 (E.D.N.Y. Sept. 18, 2003), D.E. 81, 

2003 WL 22170605; Green Party of N.Y. State, 389 F.3d at 418. 
Injunction Against Purging Minor-Party Registrations 

for the Party’s Failure to Qualify as an Established Party 

Federal Judicial Center 5/28/2023 3

On July 7, 2005, Judge Gleeson issued a stipulated fee award to the original plaintiffs of $132,528.91.11 Stipulated fee awards of $27,103.45 to the Marijuana Reform Party12 and $26,037.90 to the Liberal Party13 were issued in 

August and September. Awards of $39,447.65 to the Libertarian Party and 

$76,602.50 to the Right to Life Party were issued in 2006.14

11. Stipulated Order, Green Party of N.Y. State, No. 1:02-cv-6465 (E.D.N.Y. July 7, 2005), 

D.E. 135. 

12. Stipulated Order, id. (Aug. 29, 2005), D.E. 149. 

13. Stipulated Order, id. (Sept. 9, 2005), D.E. 152. 

14. Order, id. (Apr. 10, 2006), D.E. 156.