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In Silk Sock SDNY Slugfest Challenger Koffman Called Out For CT Voting Yang Cited

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, May 7 – Cameron Koffman wants to unseat Assemblyman Dan Quart on the Upper East Side of Manhattan.

 But Koffman most recently voted in Connecticut. Alongside a New York State lawsuit, two Koffman supporters are the named plaintiffs in a case against the New York City Board of Elections. 

 On May 7 a hearing was held before U.S. District Court for the Southern District of New York Judge Valerie E. Caproni. Inner City Press covered it.

  Judge Caproni asked the plaintiffs' lawyers, Are you conceding that Mr. Koffman will lose in state court? 

   The answer: No, it's that the plaintiffs want the opportunity to vote for Mr. Koffman. 

  Judge Caproni asked, So the last work is likely to be the Appellate Division, next week?  

 They answered that the Appellate Division has jurisdiction over facts, like the question of residency.  

  Judge Caproni said, Thanks for that lesson in appellate practice, it was not what I worked on. 

   Plaintiff's lawyer Richard Emery said, We will be back to this court if we have to, if you do not issue a TRO today. The absentee ballots will be critical since many will not come out. The critical moment is approaching, when absentee ballots are being printed.

 Defendants' (NYC's) lawyer Kitzinger said, Currently being printed are absentee ballots and *applications* for absentee ballots, of which 5 million will have to be mailed out.  

 Plaintiffs' lawyers cited SDNY Judge Analisa Torres decision "two days ago" - the Andrew Yang v Board of Ed case which Inner City Press covered. 

  Judge Caproni noted, New York law only allows you to have one electoral residence. And he voted in Connecticut.  

 The answer was, It's only that you can't vote in both places.  

At the end Judge Caproni ruled, "WHEREAS Plaintiffs did not dispute BOE's representations and acknowledged that, if the absentee ballots indeed name Mr. Koffman as a candidate, no emergency relief is required at this time; IT IS HEREBY ORDERED that Plaintiffs' motion for a temporary restraining order is DENIED as moot, or, alternatively, for the lack of any injury. The Clerk of Court is respectfully directed to terminate docket entry 33. IT IS FURTHER ORDERED that Plaintiffs must submit any supplemental authorities in support of their motion for a preliminary injunction, as set forth during the hearing, no later than 5:00 P.M. on May 7, 2020; Defendants' responses are due by May 9, 2020, at 5:00 P.M. (Signed by Judge Valerie E. Caproni on 5/7/2020)."

 Inner City Press will stay on the case, and on the issues. The case is Tucker et al v. Board of Elections, 20-cv-3111 (Caproni). 


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