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![handle is hein.congcourts/propmtsp0001 and id is 1 raw text is:
CASE STUDIES IN EMERGENCY ELECTION LITIGATION
Promptness of a Special Election
to Fill a Congressional Vacancy
Fox v. Paterson (David G. Larimer, W.D.N. Y. 6:1 0-cv-6240),
Rossito-Canty v. Cuomo (Jack B. Weinstein,
E.D.N.Y. 1:15-cv-568), and Seubert v. Cuomo
(Frank P. Geraci, Jr., W.D.N. Y. 6:18-cv-6303)
A 2010 federal lawsuit sought an injunction requiring a prompt spe-
cial election to fill a congressional vacancy. After the complaint was
filed, the governor decided to combine the special election with the
general election occurring in six months. The district judge deter-
mined that the Constitution did not require a special election more
prompt than that. A 2015 case filed in another district within the
same state concerned a vacancy occurring much more in advance of
the regular general election, and the district judge ordered the gov-
ernor to promptly set a special election date. A 2018 case with a time-
line similar to the 2010 case had a result similar to the 2010 case's.
Subject: Election dates. Topic: Enjoining elections.
District judges in New York heard cases on how long the governor could allow
a congressional seat to remain vacant before a special election to fill it.
2010 in the Western District of New York
Three voters filed a federal complaint in the Western District of New York on
Monday, May 3, 2010, seeking an order requiring the governor to call a special
election to fill a congressional vacancy created by a resignation on March 9.1
With their complaint, the voters filed motions for a temporary restraining or-
der and a preliminary injunction2 and expedited hearing.3
Judge David G. Larimer heard the motions on Friday and ordered briefing
on venue.4 On the following Wednesday, the governor announced that he
would call a special election for the day of the general election, November 2,
1. Complaint, Fox v. Paterson, No. 6:10-cv-6240 (W.D.N.Y. May 3, 2010), D.E. 1; Fox v.
Paterson, 715 F. Supp. 2d 431, 432-33 (W.D.N.Y. 2010); see Ray Finger, Lawsuit Filed for Spe-
cial Election, Elmira Star-Gazette, May 5, 2010, at A3; Jim O'Hara, Local Attorney's Suit Seeks
Special Election in 29th District, Syracuse Post-Standard, May 7, 2010, at A5; Joseph Spector,
Paterson: Special Election for Massa Seat Not Imminent, Poughkeepsie J., May 5, 2010, at A9;
Jill Terreri, Lawsuit Seeks Special Election in 29th District, Elmira Star-Gazette, May 4, 2010,
at A12; see also Jerry Zremski, Massa to Resign Southern Tier House Seat, Buffalo News, Mar.
6, 2010, at Al.
2. Motion, Fox, No. 6:10-cv-6240 (W.D.N.Y. May 3, 2010), D.E. 3.
3. Motion, id. (May 3, 2010), D.E. 2.
4. Docket Sheet, id. (May 3,2010) (D.E. 5).
In advance of [the hearing], the Court advised counsel by letter that they should be
prepared to discuss whether venue is proper in the Western District of New York in a
suit against Governor Paterson, who performs his official duties in, and is therefore
deemed a 'resident' of, the Northern District of New York.
Opinion at 3, id. (May 13, 2010), D.E. 9 [hereinafter May 13, 2010, Opinion].
Federal Judicial Center 6/10/2019](ViewImageLocal?handle=hein.congcourts/propmtsp0001&div=1&collection=&method=preview&ext=.png&size=3)