IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT (Connecticut — closed April 26th, New York — closed April 19th, Vermont — open March 1st) 2016 CINC-POTUS Federal Election Ballots 40 Foley Square New York, New York 10007 212-857-8585 For the Second Circuit - Ruth Bader Ginsburg, Associate Justice 16-XXXX-OP “in re: Natural Born Citi en Party, National Committee et al.” Originating Case USDC-NYND “Van Allen et al v Walsh et al.” 08-cv-0876-LEK-RFT USCA2C-08-04731-CV + Trump is being invited as a necessary party with unique standing as a public officer sworn 2016 CINC POTUS candidate on the ballot of every state primary or caucus - - and in this specific case Natural Born Citizen registered voters not enrolled in any ballot access party petitioning BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION MDL-__ In re: Natural Bon Citizen Party National Committee Litigationto join on the party enrollment lock-box USCA2C original proceeding requesting certification of question under SCOTUS Rule 19 allowing Trump to invite his New York State followers not enrolled as GOP into the April NYS CINC POTUS GOP primary. + See Rosario v Rockefeller 1973 SCOTUS docket 71-1371 + Van Wie v Pataki USCA2C 00-7379 Cruz NBC eligibility crisis has developed since enrollment lock-box closed October 2015 + Only Trump the resident New Yorker and lead GOP candidate has the standing to force this issue certified question successfully upon SCOTUS. 15-3472-OP Originating Case: USDC-NYND 1:04-cv-01193-LEK-RFT “Loeber et al. v Spargo, et al.” (National Association of Secretaries of State, United States Election Assistance Corporation) Originating Case: USDC-NYND 1:07-cv-00943-LEK-DRH “Schulz, et al. v State of New York, et al.” Constitutional principle of the public nature of elections and right to petition multi-state hand counting of general election ballots “In re: Natural Born Citizen Party National Committee, et al.” “in re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTLDISTRICT LITIGATION In re: Natural Born Citizen Party National Committee LitigationPACER Case Locator macirsteasa User psst35 Cent: Search: ll Gout Types Party Search Name an Alen, hol All Courts Page: (Gi Browse Aloud com nests tiv Tate snare Tae 1 Van Alen, Hae tar ra vice zoe aease wo tanaaors 3 Van tad vs fy fever Latinas me ingaoie 3 VR ALLEN iaROLD WOM (8) far ates ws Gaoeors crmanes ‘a ALLEN. 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AND THEREFORE CANDIDATES LISTED ON THE BALLOT MAY IN FACT NOT BE ELIGIBLE TO SERVE AS COMMANDER AND CHIEF OF THE ARMED FORCES OF THE UNITED STATES AS WELL AS PRESIDENT OR VICE PRESIDENT OF THE UNITED STATES BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION In re: Natural Born Citizen Party National Committee LitigationSUPREME COURT OF THE UNITED STATES OFFICE OF THE CLERK 1 First St. N.E. WASHINGTON, DC 20543-0001 RULE 19 -- CERTIFICATION OF QUESTION: “Evasion” of the federal-state election law and the constitutional CINC-POTUS natural born citizen eligibility issue by the Supreme Court of the United States is no longer an option — either there is a constitution of the Republic of the United States or there is not a constitution. RE: NATURAL BORN CITIZEN CINC-POTUS ELIGIBILITY “In re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” “in re: Natural Born Citizen Party National Committee et al v FEC et al” AND FROM EACH AND EVERY ORIGINAL PROCEEDING IN: UNITED STATES COURTS OF APPEALS MULTI-CIRCUIT FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH, NINTH, TENTH, ELEVENTH, DISTRICT OF COLUMBIA, AND FEDERAL CIRCUITS NATIONAL AGENCIES AND MULTI-STATE LITIGATION 16-XXXX-OP IN RE: NATURAL BORN CITIZEN PARTY NATIONAL COMMITTEE, ET AL. A.K.A. “IN RE: DONALD J. TRUMP ET AL.” (Similarly situated class members in excess of 50 million natural born U.S. citizens eligible to be nominated and placed on the 2016 federal BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION Ine: Natural Bom Citizen Party National Committee Litigationelection ballots as Electoral College electors of the individual states by the Natural Born Citizen Party National Committee USCA appointed court Special Masters supervising an estimated $5 billon citizen-voter vetting budget 2016 CINC-POTUS election cycle) P.O, Box 312 (351 North Road) Hurley, NY 12443 845-389-4366 845-331-1925 fax Certification of question to the United States Supreme Court Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the United States Supreme Court, The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of the nature of the ease and the facts on which the question or proposition of law arises. Only questions or propositions of law may be certified, and they shall be stated separately and with precision."!!71U8! Certification of a question of law to the United States Supreme Court is another way, in addition to the writ of certiorari, direct appeal, and original jurisdiction, by which cases can be brought to the docket of the Supreme Court. It is a very infrequent procedure, and has happened only five times over the past six decades.) The 2016 presidential election revolves around the seminal issue of an ineligible nomination and misprision of treason as chief executive and as the unconstitutionally nominated executive agency heads under color of law and so called executive agency actions or orders facilitating the mass amnesty of illegal aliens and their non-14" amendment “anchor babies” so as to dilute the constitutional redistricting census and ultimate votes of natural born citizens of the Republic of the United States. Natural Born Citizen Party National Committee Party Rules BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION MDL In re: Natural Bom Citizen Party National Commitee LitigationNBCP-NC “Party Vetters” must be sworn public officers themselves having currently affirmed or sworn an oath of office in loyalty to the US constitution including as well as the various state constitutions. (e.g. NBCP-NC National Notary Public Project “Rabenda Rule”) NBCP-NC “candidate-electors” must themselves have documentation proving both their birth parents themselves being natural born US citizens and NBCP-NC Candidate- Electors being otherwise NBC eligible to be elected CINC- POTUS (No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.) Section 1 of Article Two of the United States Con: ition sets forth the eligibility requirements for serving as president of the United States, under clause 5: NBCP-NC 2016 “Party Members” NBCP-NC 2016 “party voters” are that class of the general class of documented US citizens that will elect NBCP-NC 2016 presidential electors. Party Voters must be vetted by NBCP-NC electors as having both birth parents were US citizens at NBCP-NC member's birth and otherwise including being of BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTEDISTRICT LITIGATION In re: Natural Born Citizen Party National Committee Litigationcurrent federal election voting age before date of CINC-POTUS General Election November 2016. NBCP-NC Party 2016 CINC-POTUS Candidates must be vetted by elected NBCP-NC Electors as being otherwise natural born citizens eligible to be elected CINC-POTUS. (e.g. “Trump Rule”). Transparency: no privacy act barriers for presidential records related to proof of being eligible as a natural born citizen. Update: April 4, 2016 Js/. Natural Born Citizen Party National Committee, et al. Harold William Van Allen Co-Chairperson P.O. Box 312 (351 North Road) Hurley, NV 12443 845-389-4366 845-331-1925 fax CC: R. Craig Lawrence, AUSA DCD Cc: en banc recused -- Senior Justice Maryanne Trump Berry, USCA-3C Cc: Donald J. Trump, Candidate, Attention Donald Trump, C/O The Trump Organization, 725 Fifth Avenue, New York, NY 10022. Cc: Roy S. Moore, Chief Justice Alabama State Supreme Court 300 Dexter Avenue, Montgomery, Alabama 36104 BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTLDISTRICT LITIGATION In re: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Ave. N.W. Washington, DC 20001 202-216-7000 + For the DC Circuit John G. Roberts, Jr., Chief Justice 16-XXXX-OP 15-5218-OP “In re: Natural Born Citizen Party National Committee, et al.” a.k.a. “In re: Donald J. Trump, Natural Born Citizen, et al.” Originating Case: USDC-DCD 08-cv-02254 “HOLLISTER v SOETORO ET AL” 15-5251-OP Originating Case: USDC-DCD 15-cv-1036 oss doo/288356457/USCA-OCC-15-5718-Docurent-1577344-Anpean-Sid.inRe-Natur Ben-Citiren-Party-NC “In re: Natural Born Citizen Party National Committee, et al.” “In re: a.k.a Donald J. Trump, Natural Born Citizen, et al.” Originating Case: USDC-DCD 14-cv-995 “Strunk et al v DOS et al” {neps://mwr scribd. com/doc/263769795/USCA-DCC-14.5327-Strunk-Et-AL--DOS-L1-Al Appellate Brief Fled-«-20-201 BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTEDISTRICT LITIGATION ‘MDL- Ine: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT (Maine - closed caucuses March 6th, Massachusetts — semi-closed primaries March 1st, New Hampshire — semi-closed primaries February 9th, Rhode Island —semi-closed primaries April 26th) 2016 CINC-POTUS Federal Election Ballots 1 Courthouse Way, Suite 2500 Boston, MA 02210 (617) 748-9057 + For the First Circuit - Stephen Breyer, Associate Justice 16-XXXX-OP 15-2379-OP “In re: Natural Born Citizen Party National Committee, et al.” “In re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTL-DISTRICT LITIGATION MDL In re: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT (Connecticut — closed April 26th, New York — closed April 19th, Vermont — open March ist) 2016 CINC-POTUS Federal Election Ballots 40 Foley Square New York, New York 10007 212-857-8585 For the Second Circuit - Ruth Bader Ginsburg, Associate Justice 16-XXXX-OP “In re: Natural Born Citizen Party, National Committee et al.” Originating Case USDC-NYND “Van Allen et al v Walsh et al.” 08-cv-0876-LEK-RFT USCA2C-08-04731-CV - Trump is being invited as a necessary party with unique standing as a public officer sworn 2016 CINC POTUS candidate on the ballot of every state primary or caucus - - and in this specific case Natural Born Citizen registered voters not enrolled in any ballot access party petitioning BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION MDL- In re: Natural Bom Citizen Party National Committee Litigationto join on the party enrollment lock-box USCA2C original proceeding requesting certification of question under SCOTUS Rule 19 allowing Trump to invite his New York State followers not enrolled as GOP into the April NYS CINC POTUS GOP primary. + See Rosario v Rockefeller 1973 SCOTUS docket 71-1371 + Van Wie v Pataki USCA2C 00-7379 + Cruz NBC eligibility crisis has developed since enrollment lock-box closed October 2015 + Only Trump the resident New Yorker and lead GOP candidate has the standing to force this issue certified question successfully upon SCOTUS. 15-3472-OP Originating Case: USDC-NYND 1:04-cv-01193-LEK-RFT “Loeber et al. v Spargo, et al.” (National Association of Secretaries of State, United States Election Assistance Corporation) 15-3370-OP Originating Case: USDC-NYND 1:07-cv-00943-LEK-DRH “Schulz, et al. v State of New York, et al.” Constitutional principle of the public nature of elections and right to petition multi-state hand counting of general election ballots “In re: Natural Born Citizen Party National Committee, et al.” “In re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION In re: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT (Delaware — closed April 26'", New Jersey — closed June 7“, Pennsylvania — closed April 26", Virgin Islands) 2016 CINC-POTUS Federal Election Ballots 601 Market Street Philadelphia, PA 19106 215-597-2995, For the Third Circuit - Samuel A. Alito, Jr., Associate Justice 16-XXXX-OP 15-3463-OP & 15-3759-OP “In re: Natural Born Citizen Party National Committee, et al” “In re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” tous /Un sil o/c 2reaS08/ ya eke ORIGINATNG CASE: Charles Kerchner, Jr., et al v. Barack Obama, et al Senior Pre-2009 DATE OF RANK “Kerchner Rule” 05-06 Retired US Military Commissioned Constitutional Officers BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTLDISTRICT LITIGATION MDL-__ In re: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT (Maryland — closed April 26", North Carolina — semi-closed March 15**, South Carolina open February 27 , West Virginia — semi-closed primaries May 10, Virginia — open primaries March 1) 2016 CINC-POTUS Federal Election Ballots 1100 East Main Street, Suite 501 Richmond, VA 23219 PHONE: (804) 916-2700 For the Fourth Cir John G. Roberts, Jr., Chief Justice 16-XXXX-OP 15-2505-OP «In re: Natural Born Citizen Party National Committee et al.” “In re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” Originating Case USDC-VAED-1:13-cv-00278-LMB-TCB “Rudy v US Patent and Trademark Office BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTEDISTRICT LITIGATION In re: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT (Louisiana closed March 5*, Mississippi — open March 8", Texas — open March 1°) 2016 CINC-POTUS Federal Election Ballots 600 S. Maestri Place New Orleans, LA 70130-3408 Telephone number: (504) 310-7700 For the Fifth Circuit - Antonin Scalia, Associate Justice 16-XXXX-OP 15-41276-OP “In re: Natural Born Citizen Party National Committee et al.” “In re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” a Originating Case: USDC TXSD (Brownsville) 1:14-cv-254 “State of Texas et al v USA et al” BEFORE THE UNITED STATES JUDICIAL PANEL ON JLTL-DISTRICT LITIGATION tne: Natural Bom Citizen Party National Committe LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT (Kentucky closed May 17°, Michigan open May 8*", Ohio — closed March 15", Tennessee — open March 1°) 2016 CINC-POTUS Federal Election Ballots 100 E. Fifth Street Cincinnati, Ohio 45202-3988 Phone: (513) 564-7000 For the Sixth Circuit - Elena Kagan, Associate Justice 16-XXXX-OP 15-6327-OP “In re: Natural Born Citizen Party National Committee et al.” “In re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” Originating Case USDC-TNWD-Western Division- 2:12-cv-22143-STA Liberty Legal Foundation et al. v National Democratic Party of the USA, et al BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION Ine; Natural Bom Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT (Illinois — semi-closed March 15", Indiana — open May 3°4, Wisconsin — open April 5‘) 2016 CINC-POTUS Federal Election Ballots Room 2722 219 S. Dearborn Street Chicago, IL 60604 (312) 435-5850 For the Seventh Circuit Elena Kagan, Associate Justice 16-XXXX-OP 15-3896-OP “In re: Natural Born Citizen Party National Committee et al.” “In re: a.k.a Donald J. Trump, Natural Born Citizen, et al.” BEFORE THE UNITED STATES JUDICIAL PANEL ON MULT-DISTRICT LITIGATION MDL~ In re; Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT (Arkansas - open March 15, lowa — semi-open caucuses Feb 1*, Minnesota — open caucuses March 1, Missouri — open March 15", Nebraska — closed caucuses March 5", North Dakota — open caucuses June 7", South Dakota — semi-open June 7*) 2016 CINC-POTUS Federal Election Ballots 111 South 10th Street St. Louis, MO. 63102 PHONE: (314) 244-2400 For the Eighth Circuit - Samuel A. Alito, Jr., Associate Justice 16-XXXX-OP 15-3775-OP “In re: Natural Born Citizen Party National Committee et al.” “In re: a.k.a.Donald J. Trump, Natural Born Citizen, et al.” BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION DI In re: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Alaska — closed caucuses March 26*, Arizona — closed March 22"4, California — semi-closed June 7", Guam, Hawaii — closed caucuses March 26*", Idaho — open caucuses March 22", Oregon — closed May 17°, Montana — open June 7*, Nevada -closed caucuses February 20°, Northern Mariana Islands, Washington — open caucuses March 26" ) 2016 CINC-POTUS Federal Election Ballots P.O. Box 193939 San Francisco, CA 94119-3939 (415) 355-8000 For the Ninth Circuit - Anthony M. Kennedy, Associate Justice 16-XXXX-OP 15-80195-OP BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION MDI Ine: Natural Bom Citizen Paty National Commitie Litigation“In re: Natural Born Citizen Party National Committee et al.” “in re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION In re: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT (Colorado — closed caucuses March 1°, Kansas — closed caucuses March 5**, New Mexico — closed June 7", Oklahoma — semi-closed March 1°, Utah -semi-open caucuses March 22"4, Wyoming — closed caucuses April 9") 2016 CINC-POTUS Federal Election Ballots 1823 Stout Street Denver, CO 80257-1823 303-844-3157 For the Tenth Circuit - Sonia Sotomayor, Associate Justice 16-XXXX-OP 15-1464-OP “In re: Natural Born Citizen Party National Committee et al.” “in re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTL-DISTRICT LITIGATION MDL In re: Natural Born Citizen Party National Committee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT (Alabama — open March 1*, Florida — closed March 15, Georgia — open March 1*) 2016 CINC-POTUS Federal Election Ballots 56 Forsyth Street, N.W. Atlanta, GA 30303 PHONE: (404) 335-6100 For the Eleventh Circuit - Clarence Thomas, Associate Justice 16-XXXX-OP 15-15349-OP “In re: Natural Born Citizen Party National Committee et al.” “In re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION MI {In re: Natural Born Citizen Party National Commitee LitigationIN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT 717 Madison P| N.W. Washington, DC 20005 202-275-8000 For the Federal Circuit - John G. Roberts, Jr., Chief Justice. 16-XXXX-OP 15-XXXX-OP “In re: Natural Born Citizen Party National Committee et al.” “in re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” USCAFC 15-7100-OP In re: Harold William Van Allen USCAFC 14-1056-OP “Rudy v PATO” USDC-VAED 1:13-cv-00278-LMB-TCB BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION MDL- In re: Natural Born Citizen Party National Committee LitigationSUPREME COURT OF THE UNITED STATES OFFICE OF THE CLERK 1 First St. N-E. WASHINGTON, DC 20543-0001 CERTIFICATION OF CONSTITUTIONAL QUESTION Consolidation of Multi-Circuit Certified Ques “Natural Born Citizen” “In re: Natural Born Citizen Party National Committee et al.” “in re: a.k.a. Donald J. Trump, Natural Born Citizen, et al.” USCA-DCC 15-5218 (USCA2C-16-XXXX-OP USCADCC-16-XXXX-OP USCA-DCC 15-5251 USCA3C-16-XXXX-OP USCA-FC-16-XXXX-OP USCA-FC 15-7100 USCA4C-16-XXXX-OP USCA-DCC 15-5327 USCA-3C 15-3759 USCASC-16-XXXX-OP- USCA-1C 15-2379 USCA-4C 15-2505 USCA6C-16-XXXX-OP USCA-2C 15-3370 USCA-SC 15-41276 USCA7C-16-XXXX-OP USCA-2C 15-3472 USCA-6C 15-6327 USCA8C-16-XXXX-OP USCA-3C 15-3463 USCA-7C 15-3896-OP USCA9C-16-XXXX-OP- USCA-8C 15-3775 USCA-9C 15-80195 (USCA10C-16-XXXX-OP USCA-10C 15-1464 USCA1C-16-XXXX-OP USCA11C-16-XXXX-OP USCA-11C 15-15349 Certification of Service Clerks of US Courts of Appeals 1*, 2, 3%, 4", 5*, 6'*, 7%, at, 9", 10%, 11%, District of Columbia Circuit, Federal Circuit, SCOTUS (Circuit Justices) Supreme Court of the United States 1 First Street, NE Washington, DC 20543 ‘= Forthe District of Columbia Circuit -John G. Roberts, Jr, Chief Justice ‘© For the First Circuit -Stephen Breyer, Associate Justice (Maine, Massachusetts, New Hampshire, Rhode Island) '« Forthe Second Circuit - Ruth Bader Ginsburg, Associate Justice (Connecticut, New York, Vermont) BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTEDISTRICT LITIGATION MDL In re: Natural Born Citizen Party National Committee Litigation‘+ Forthe Third Circuit - Samuel A. Alito, Jr, Associate Justice (Delaware, New Jersey, Pennsylvania, Virgin Island) '¢ For the Fourth Circuit - John G. Roberts, Jr. Chief Justice (Maryland, North Carolina, South Carolina, West Virginia, Virginia) '* For the Fifth Circuit - Antonin Scalia, Associate Justice (Louisiana, Mississippi, Texas) * For the Sixth Circuit - Elena Kagan, Associate Justice (Kentucky, Michigan, Ohio, Tennessee) (aka Obama ‘nominee) + For the Seventh Circuit - Elena Kagan, Associate Justice (\Iinois, Indiana, Wisconsin) (aka Obama nominee) + Forthe Eighth Circuit - Samuel A. Alito, Jr. Associate Justice (Arkansas, lowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota] ‘© For the Ninth Circuit - Anthony M. Kennedy, Associate Justice (Alaska, Arizona, California, Guam, Hawaii, Idaho, Oregon, Montana, Nevada, Northern Mariana Islands, Washington) ‘+ Forthe Tenth Circuit - Sonia Sotomayor, Associate Justice (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming) (aka Obama nominee) ‘© For the Eleventh Circuit - Clarence Thomas, Associate Justice (Alabama, Florida, Georgia) * For the Federal Circuit - John G. Roberts, Jr, Chief Justice. Originating Case District Judges: USDC TXSD 14-cv-254-ASH (Andrew S. Hanen) Brownsville, TX USDC DCD 15-cv-1036-RJL (Richard J. Leon) Washington, DC USDC NJ 09-cv-253-JBS Simandle, New Jersey USDC-DCD 08-cv-02254 Robertson Washington, DC USDC NYND 07-cv-943-LEK Kahn Albany, NY Roy S. Moore, Chief Justice Alabama State Supreme Court 300 Dexter Avenue, Montgomery, Alabama 36104 All 50 state election offices and state attorney general offices et al US DOJ-FBI, DOD, DVA, DOS, DOC, DHS, CIA, Treasury Dept. (IRS, Secret Service), FEC, USPTO Office of Solicitor General of the United States 950 Pennsylvania Ave., NW Washington, D.C. 20530-0001 R. Craig Lawrence Esq, AUSA USDOJ DCD Elizabeth A Pascal Esq, USDOJ NJD Robert L Schulz (Natural Born US Citizen) Fairlene G. Rabenda (Co-Chairperson Natural Born Citizen Party National Committee) Larry Klayman Esq. / Joe Arpaio Walker F. Todd, Esq BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTLDISTRICT LITIGATION MDL In re: Natural Born Citizen Party National Committee LitigationMario Apuzzo, Esq. / Charles Kerchner CDR (Ret) FEC filed exploratory candidates for election 2016 CINC-POTUS Theodore Cruz 2016 CINC-POTUS candidate) Marco Rubio (2016 CINC-POTUS candidate) Rick Santorum 2016 CINC-POTUS candidate) Christopher E Strunk (2016 CINC-POTUS candidate) Donald J Trump (2016 CINC-POTUS candidate) Updated: April 4, 2016 PESOS) Eee Harold William Van Allen Natural Born Citizen Party National Committee Co-Chairperson 2016 CINC-POTUS Candidate-Elector P.O. Box 312 (351 North Road) Hurley, NY 12443 845-389-4366 / 845-331-1925 fax hvanallen@hvc.rr.com BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTI-DISTRICT LITIGATION In re: Natural Born Citizen Party National Committee LitigationCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK H. WILLIAM VAN ALLEN, GARY M. BOHAN, KATHERINE B. VAN ALLEN, Plaintiffs, -against- 1:08-CV-0876 (LEK/RFT) JAMES A. WALSH, DOUGLAS A. KELLNER, EVELYN J. AQUILA, AND HELENA MOSES DONAHUE, cach individually and in their official capacities as Commissioners of the New York State Board of Elections, THE NEW YORK STATE BOARD OF ELECTIONS, THOMAS F, TIURCO "AND JOHN R. PARETE, each individually and in their official capacities as Commissioners of the Ulster ‘County Board of Elections, and THE ULSTER COUNTY BOARD OF ELECTIONS, Defendants. ORDER On August 15, 2008, Plaintiffs commenced the present action against the New York State Board of Elections and its commissioners and the Ulster County Board of Elections and its commissioners. Dkt. No. 1. Defendants filed a Motion to dismiss on September 5, 2008. Dkt. No. 12. On September 8, 2008, Plaintiffs filed an application for a temporary restraining order (“TRO”) by order to show cause. Motion (Dkt. No. 13); Mem. of Law (Dkt. No. 14). Defendant Ulster County Board of Elections submitted a response to Plaintiffs’ TRO papers on September 8, 2008. Dkt. No. 15, |. Background Plaintiffs make three Claims in the Complaint, challenging the “lock box” provisions ofCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 2 of 11 ‘New York Siate Election Law sections 5-302(4) and 5-304(1)-(3) (hereinafter “lock-box provisions”). Plaintiffs Bohan and Katherine Van Allen are registered voters but are not enrolled in any particular political party. Compl. at ff 6-7. They both wish to enroll in the Independence Party and vote for members for County Committee of the Ulster County Independence Party in the opportunity to ballot primary being held in New York on September 9, 2008. Id. at $43 On August 15, 2008, Katherine Van Allen made an application to change her enrollment status to be enrolled in the Independence Party. Compl. at 7. In accordance with Election Law, Katherine Van Allen’s application, which was submitted after the 25th day before the primary lection, was placed in a sealed enrollment box or “lock box” and will not be placed in a poll ledger r appear on a computer-generated registration list until after the primary clection, and her change of enrollment will not be entered until after the general election. ; New York ELec. Law 5-302(4); 5-304(3). This effectively prevents Plaintiffs Bohan and Katherine Van Allen from changing their ‘enrollment before tomorrow’s primary election since they did not submit their application before the deadline imposed by the statute. Plaintiffs challenge all of the lock-box provisions in the Election Law as unconstitutional, In their third claim, Plaintiffs challenge the New York State Voter Registration Form and August 8, 2007 Notice. Complaint $f 90-113. Il. Discussion ‘A. Temporary Restraining Order/Preliminary Injunction When deciding a motion for a temporary restraining order, the court follows the same legal standard as that on a motion for a preliminary injunction. Freeman v. McKnight, No. 07-CV-01123, 2007 WL 3254431, at *1 (N.D.N.Y. Nov. 2, 2007) (citing Local 1814, Intern. Longshoremen’sCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 3 of 11 ‘Ass'n, AFL-CIO v. New York Shipping Ass'n, Tnc., 965 F.2d 1224, 1228 (2d Cir. 1992). Generally, the “district court may grant a preliminary injunction where the moving party establishes: (1) that it is likely to suffer irreparable injury if the injunction is not granted, and (2) either (a) a likelihood of success on the merits of its claim, or (b) the existence of serious questions going to the ‘merits of its claim and a balance of the hardships tipping decidedly in its favor.” Id, (citing Moore -v, Consolidated Edison Co. of New York, Inc ., 409 F.3d 506, 510-511 (2d Cir. 2005). “Such relief... is an extraordinary and drastic remedy, one that should not be granted unless, the movant, by a clear showing, carries the burden of persuasion. ” Moore, 409 F.3d at 510-11. However, when the moving party seeks to stay governmental action taken in the public interest pursuant to a statutory or regulatory scheme, the injunction should be granted only if the moving party meets the more rigorous likelihood-of-success standard. Connecticut Dept. of Environmental Protection v. O.S.HL.A., 356 F.3d 226, 230 -231 (2d Cir. 2004) (quoting Beal v. Stern, 184 F.3d 117, 122 (2d Cir.1999) (citations and internal quotation marks omitted). Moreover, in some cases, a significantly higher standard applies. The moving party must make a “clear” or “substantial” showing of a likelihood of success in two instances: where (1) the injunction sought is mandatory, ie.,"will alter, rather than maintain, the status quo”; or (2) the injunction sought “will provide the movant with substantially all the relief sought, and that relief cannot be undone even if the defendant prevails at a trial on the merits.” Jolly v. Coughlin, 76 F.3d 468, 473 (2d Cir.1996). Here the injunction sought is mandatory, so the court will use the “clear and substantial” showing of a likelihood of success standard. B. Relief requested Plaintiffs, in their proposed Order to Show Cause, seek: (1) to direct the Defendants toCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 4 of 11 comply with an Order issued by the Cour in a related case on July 22, 2008, (2) to prohibit Defendants from enforcing and applying the lock-box provisions of the New York State Election Law, (3) to have Defendants immediately notify all registered voters who are not enrolled in any political party in Ulster County that they are allowed to vote in the primaries of the Independence Party, and (4) to direct Defendants to modify the New York State Voter Registration Form to clearly state that registered non-enrolled voters are allowed to vote in the primaries of the Independence Party for statewide and federal public offices. Although the Court indeed issued an interim Order on July 22, 2008, in Loeber v. Spargo, 1:04-CV-1193, that interim Order was superseded by the Court’s dismissal on July 31, 2008 of the action in its entirety for failure to state a claim, See 1:04-CV-1193: July 22 Order (Dk, No. 107), July 31 Order (Dkt. No. 109). Accordingly, no relief may be based on that Order. Plaintiffs’ request that the Ulster County Board of Elections notify cach non-enrolled registered voter of his or her ability to participate in the Independence Party primary and that the ‘Board of Elections hold a separate primary if there is insufficient time to implement the prior Order of the Court is also without merit as there is no statutory or case aw authority which supports the requested relief. Since the rest of Plaintiffs’ requested relief is based on the claims made in their Complaint in this action, they will be addressed accordingly below. C. First and Second Claims In their First Claim, Plaintiffs contend that the lock-box provisions unconstitutionally burden. Plaintiff William Van Allen from waging an effective campaign to reactivate the Ulster County Committee of the Independence Party (Compl. at { 72) and from soliciting non-enrolled voters fromCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 5 of 11 submitting applications for change of enrollment to become members of the Independence Party (Id. at { 72), violate Plaintiff Bohan and Plaintiff Katherine Van Allen's rights to vote for opportunity to ballot candidates for member of the Ulster County Committee of the Independence Party (Id. at J 74) and should be declared unconstitutional as applied to non-enrolled voters who wish to change their enrollment to become members of the Independence Party (Id. at § 80), In their Second Claim, Plaintiffs allege that since newly registered voters are exempted from, the delayed enrollment requirement, Plaintiffs” Equal Protection rights arc violated. Compl. at 4 87. 1. Res Judicata ‘As noted in the Complaint, Plaintiff William Van Allen “previously litigated similar issue [sic] as raised in this action in the case of Van Allen v. Cuomo”, 07-CV-0722 (N.D.N.Y.). Compl. at 81. In Van Vallen v. Cuomo, Plaintiff William Van Allen challenged the constitutionality of Section 5-304(3) of the Election Law, asscrting claims under Article Il, § 1 and Article IV as well as the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. Plaintiffs now claim that “adjudication of the case took so long that when the court reached a decision the election in question was over and the case was moot.” Compl. at 81. However, the decision in that case, issued July 19, 2007, was rendered on the merits. See Transcript of TRO hearing before Judge Sharpe, July 19, 2007 (07-CV-0722, Dkt. No. 31) (“TRO hearing transcript”); Memorandum-Decision and Order dated July 19, 2007 (07-CV-0722, Dkt. No. 24) (“Judge Sharpe July 19, 2007 Decision”). Judge Sharpe denied the application for a TRO in that case and dismissed the Complaint in its entirety for failing to state a claim. TRO Hearing Transcript at 20:14-21:5; Judge Sharpe July 19, 2007 Decision. In addition, the decision was issued less than one week after that case was commenced on July 12, 2007, and no election took place during the time that the caseCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 6 of 11 was pending. See N.Y. Election Law § 8-100; N.Y. Laws 1007, ch. 17. a. Legal Standard Under the doctrine of res judicata, “a final judgment on the merits bars further claims by parties or their privies based on the same cause of action.” Montana v. United States, 440 U.S. 147, 153 (1979); accord, Marvel Characters, Inc, v. Simon, 310 F.3d 280, 286-87 (2d Cir 2002); Pike v. Freeman, 266 F.3d 78, 91 (2d Cir. 2002). The purposes of the doctrine are to relieve the parties of the cost and vexation of multiple lawsuits, preserve judicial resources, minimize the possibility of inconsistent decisions, and ensure the finality of decisions. Brown v. Felsen, 442 U.S. 127, 131 (1979); Montana v. United States, 440 U.S. 147, 153; Milltex Industries Corp. v. Jacquard Lace Co. 922 F.2d 164, 168 (2d Cir. 1991). Res judicata not only prevents a party from relitigating issues and defenses that were raised in an earlier suit, but it bars the relitigation of other issues or defenses that properly could have been raised in that suit. Cieskowska v. Gray Line New York, 295 F. 3d 204, 205 (2d Cir. 2002). Res judicata thus “prevents litigation of all grounds for, or defenses to, recovery that were previously available to the parties, regardless of whether they were actually asserted or determined in the prior proceeding.” Brown v. Felsen, 442 U.S. 127,131 Res judicata applies where: (1) the previous action involved an adjudication on the merits; (2) the previous action involved the parties or those in privity with them; and (3) the claims asserted in the subsequent action were, or could have been, raised in the prior action. Pike v. Freeman, 266 F.3d 78, 91. Motions to dismiss based upon res judicata are properly brought under Fed. R. Civ. P. 12(b)(6). Delor v. Fasano, 05-CV-6470, 2006 U.S. Dist. Lexis 31968, *10 (W.D.N.Y. Apr. 30, 2006). b. AnalysisCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 7 of 11 As noted above, the previous action involved an adjudication on the merits. TRO Hearing ‘Transcript; Judge Sharpe July 19, 2007 Decision. ‘The decision in that case dismissed the challenges to the lock-box provisions based on Article Il, § 1 and Article IV as well as the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. Id. In addition, the Northen District of New York is a court of competent jurisdiction. Pike v. Freeman, 266 F.3d at 91, The previous action involved Plaintiff William Van Allen, who is in privity with Plaintiff Katherine Van Allen, his mother, and Plaintiff Bohan, his neighbor. Marvel Characters, Inc., 310 F.3d 280, 286-87; Cieskowska, 295 F. 3d 204, 205. Accordingly, Plaintiffs’ First and Second Claims are hereby dismissed under the doctrine of tes judicata. In the altemative, and for the sake of thoroughness given the immediacy created by Plaintiffs’ cleventh hour filing, the Court will also consider the merits of Plaintiffs’ claims. 2. The merits of the First and Second Claims ‘The Court will consider the merits of Plaintiffs’ First and Second Claims in accordance with the standard for granting the TRO/Preliminary Injunction and for the purposes of deciding the Defendants” pending Motion to dismiss the Complaint pursuant to Feb. R, Crv. P. 12(b)(6). a. Legal Standard In order for the Court to grant Plaintiffs’ TRO or preliminary injunction, Plaintiffs must make a “clear and substantial” showing of a likelihood of success on the merits, For a complaint to survive a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a plaintiff must plead enough facts to suggest a plausible claim for relief. Bell Atlantic v. ‘Twombly, 127 S.Ct. 1955, 1969 (2007). When deciding a motion to dismiss, the Court must accept all factual allegations contained in the complaint as true, and draw all reasonable inferences in favorCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 8 of 11 of the plaintiff, Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir. 1994). However, conclusory allegations that merely state general legal conclusions necessary to prevail on the merits but are unsupported by factual averments need not be accepted as true. Chapman v. New York State Division for Youth, 04-CV-867, 2005 U.S. Dist. LEXIS 40916, *10-11. (N.D.N.Y. Sept. 29, 2005). Stated another way, plaints must do more than plead mere “conclusory allegations or legal conclusions masquerading as factual conclusions.” Gebhardt v. Allspect, Ine., 96 F. Supp. 24 331, 333 (S.D.N-Y. 2000), For purposes of a motion to dismiss, “the complaint is deemed to include any ‘written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference, Chapman, 2005 U.S. Dist. LEXIS 40916, *12-13. b. Analysis In regards to Plaintiffs” challenges to Section 5-304(3), the Supreme Court, in Rosario v Rockefeller, already flatly rejected a similar challenge to a substantially identical provision of New York’s former Election Law that mandated a delayed enrollment period even longer than the one imposed by Section 5-304(3). 410 U.S. 752 (1973). ‘The Supreme Court noted that the reason for the delay was “to inhibit party ‘raiding”” and held that “New York did not prohibit the petitioners from voting in the . .. primary election or from associating with the political party of their choice. It ‘merely imposed a legitimate time limitation on their enrollment.” Id, at 1252. Accordingly, the Jock-box scheme was upheld as “not constituting an unconstitutionally onerous burden on voters’ exercise of the right to vote or the freedom of political association.” Id, The Supreme Court thus held that New York's time limitation for enrollment in a particular party is “tied to particularized legitimate purpose, and is in no sense invidious or arbitrary.” Id. at 762; sce also, Storer v. Brown, 415 US. 724, 736 (1974) (“It appears obvious to us that the onc-year disaffiliation provisionCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 9 of 11 furthers the State’s interest in the stability of its political system. We also consider that interest as not only permissible, but compelling,”). In addition, as previously noted by Judge Sharpe, “New York’s statute which exempts newly registered voters from the delayed enrollment requirement serves the salutary goal of encouraging ‘new voter participation in the political process.” Judge Sharpe July 19, 2007 Decision at 5-6. In light of these decisions, the Court finds that Plaintiffs are unable to show a “clear and substantial” showing of a likelihood of success on the merits or a plausible claim for relief. Accordingly, Plaintiffs? requests for a Temporary Restraining Order and a Preliminary Injunction on the First and Second claims are thus both denied, and Plaintiffs’ First and Second Claims are dismissed pursuant to FED. R. Cv. P. 12(b)(6) for failure to state a elaim. D. Third Claim In their Third Claim for relief, Plaintif¥s challenge the constitutionality of the New York State Voter Registration Form, claiming that “[p]ursuant to the decision of the Hon. Justice Thomas J. MeNamara, the New York State Board of Elections and County Board of Elections [sic] are required to indicate on the [Registration Form] that the Independence Party holds open primaries. ” Compl. at 93. It appears that Plaintiffs are referring to the decision of Acting New York State ‘Supreme Court Justice Thomas MeNamara, in Van Allen v. Democratic State Committee, 1 Mise. 3d 734; 771 N.Y.S.2d 285 (Sup. Ct. Albany Co. 2003) (McNamara, A.J.S.C.). In that case, Judge ‘McNamara held the State of New York’s system of state-mandated closed primaries was unconstitutional, and that political parties should be fiee to determine whether their own primaries would be opened or closed. However, it does not appear that Judge McNamara ever Ordered the New York State BoardCase 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 10 of 11 of Blections to “indicate on the [Registration Form] that non-enrolled voters may vote in the Independence primary.” Compl. at § 93. Even if Judge McNamara had issued such an Order, Plaintiffs’ recourse would lie before the New York Supreme Court, and not this Court. In addition, Plaintiffs concede in their Complaint that the Registration Form in fact does discloses that the Independence Party “permit{s] non-enrolled voters to vote in their primary elections.” See Compl. at 97. Samples of the Registration Form, attached as Exhibits A, B and D to the Complaint, also confirm that the Registration Form explicitly states that the Independence Party “permit[s] non-enrolled voters to vote in their primary elections.” Plaintiffs also claim that the Registration Form is"false and misleading” because “it states that all political parties .. . including the Independence Party require that a voter be enrolled in that party in order to vote in a primary.” Compl. at §{]98- 99, 101. Again, Plaintiffs’ statement that the Registration Form discloses that the Independence Party permits non-enrolled voters to vote in their primary elections, and a review of the attached sample Registration Forms, both contradict this claim. See Compl. at §]97 and Exhibits A,BandD. Plaintiffs likewise contend that the August 8, 2007, Notice is “false and misleading” in that it “state[s] flatly that all political parties in New York State including the Independence Party require that a voter be enrolled in that party to vote in a primary.” Compl. at 4 101. However, the copy of the August 8, 2007, Ni attached as Exhibit C to the Complaint does not include such a statement. See Complaint, Exh, C. ‘Accordingly, the Court finds that Plaintiffs’ Third Claim is without merit, and does not establish a “clear and substantial” showing of a likelihood of success on the merits as needed to support a Temporary Restraining Order or a Preliminary Injunction, or a plausible claim for relief as 10Case 1:08-cv-00876-LEK-RFT Document 17 Filed 09/08/08 Page 11 of 11 needed to survive Defendants’ Motion to Dismiss. Therefore, Plaintiffs’ requests for a Temporary Restraining Order and a Preliminary Injunction on the Third claim are both denied, and Plaintiffs" Third Claim is dismissed pursuant to Fep. R. Civ. P. 12(b)(6) for failure to state a claim. E. Conclusion ‘Therefore, based on the foregoing, it is hereby ORDERED, that the Plaintiffs’ Motion for a Temporary Restraining Order and Preliminary Injunction (Dkt, No. 13) is DENTED; and it is further ORDERED, that Defendants’ Motion to dismiss (Dkt. No. 12) is GRANTED; and it is further ORDERED, that Plaintiff's’ Complaint (Dkt. No. 1) is DISMISSED in its entirety; and it is further ORDERED, that the Clerk serve a copy of this order on all parties. IT IS SO ORDERED. DATED: September 8, 2008 Lan Albany, New York USS. District Judge uCM/ECF LIVE - US. District Court - NYND bttps:/ecf.nynd.uscourts gov/egi-bin/DktRpt p!?103803459065632-L. CLOSED U.S. District Court Northern District of New York - Main Office (Syracuse) [LIVE - Version 6.1.1] (Albany) CIVIL DOCKET FOR CASE #: 1:08-cv-00876-LEK-RFT Van Allen et al v. Walsh et al Assigned to: Senior Judge Lawrence E. Kahn Referred to: Magistrate Judge Randolph F. Treece Case in other court: 2nd Circuit, 08-04731-cv Date Filed: 08/15/2008 Date Terminated: 09/08/2008 Jury Demand: None Nature of Suit: 441 Civil Rights: Voting Cause: 42:1983 Civil Rights Act Plaintiff H. William Van Allen represented by H. Wi 351 North Rd. Hurley, NY 12443 PROSE, Lewis B. Oliver , Jr. Oliver, Oliver Law Firm 156 Madison Avenue Albany, NY 12202 518-463-7962 Email: jlewisbo@nycap.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Gary M. Bohan represented by Lewis B. Oliver , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff represented by Lewis B. Oliver , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Katherine B. Van Allen v. Defendant Lofs 4/3/2016 11:57 PMCMIECF LIVE - U.S. District Court - NYND_ https://eef:nynd.uscourts.govieai-bin/DktRpt.pl?103803459065632-L. James A. Walsh represented by Douglas J. Goglia Individual and official capacity as New York State Office of Temporary & Commissioner of the New York State Disability Assistance Board of Elections 40 North Pearl Street Albany, NY 12243 518-473-5180 Fax: 518-475-9389 Email: douglas. goglia@otda.ny.gov ATTORNEY TO BE NOTICED Defendant Douglas A. Kellner represented by Douglas J. Goglia Individual and official capacity as (See above for address) Commissioner of New York State ATTORNEY TO BE NOTICED Board of Elections Defendant Evelyn J. Aquila represented by Douglas J. Goglia Individual and official capacity as (See above for address) Commissioner of the New York State ATTORNEY TO BE NOTICED Board of Elections Defendant Helena Moses Donohue represented by Douglas J. Goglia Individual and official capacity as (See above for address) Commissioner of the New York State ATTORNEY TO BE NOTICED Board of Elections, Defendant ‘The New York State Board of represented by Douglas J. Goglia Elections (See above for address) ATTORNEY TO BE NOTICED Defendant ‘Thomas F. Turco represented by Joshua N. Koplovitz, Individual and official capacity as Office of Ulster County Attorney Commissioner of the Ulster County P.O, Box 1800 Board of Elections 240 Fair Street Kingston, NY 12402 845-340-3685 Fax: 845-340-3691 Email: JKOPLOVITZ@WAPNERLAWFIRM.COM LEAD ATTORNEY ATTORNEY TO BE NOTICED 2085 4/3/2016 11:57 PEMCM/ECF LIVE - U‘S. District Court - NYND hitps:/lecf nynd.uscourts.gov/egi-bin/DktRpt p1?103803459065632-L... Defendant John R. Parete represented by Joshua N. Koplovitz Individual and official capacity as (See above for address) Commissioner of the Ulster County LEAD ATTORNEY Board of Elections ATTORNEY T0 BE NOTICED Defendant ‘The Ulster County Board of represented by Joshua N. Koplovitz, Elections (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sesssesesseseteneeeesesscunieoeeaees paeeeee eee ati Date Filed | # | Docket Text 08/1572008 | 1 COMPLAINT filed by H. William Van Allen etal. against all defendants (Filing fee | | | $350 receipt number 1089121). (Attachments: # | Exhibits A - D, # 2 Civil Cover Sheet)(kee) Modified on 8/18/2008 (amt). (Entered: 08/18/2008) 08/18/2008 08/1 [82008 la |08718/2008 | 4 | Summons Issued as to Douglas. A. Kellner, (kee) (Entered: - 08/18/2008) (08/18/2008 S| Summons Issued as to The New York State Board of Elections. (kee) (Entered: | ___,08/182008) | | ‘osis2008 | «6 Summons Issued as t0 John R. Parete. (kee) (Entered: 08/18/2008) hae 08/18/2008 7 Summons Issued as to Thomas F. Turco. (kee) (Entered: 08/18/2008) | Summons Issued as to “The Ulster County Board of Elections. (kee) (Entered: |__ [08/18/2008 08/18/2008 9 | Summons Issued as to James A. Walsh. (kee) & ered: 08/18/2008) | 08/18/2008 |10 | G.0. 25 FILING ORDER ISSUED: Initial Conference set for 12/17/2008 at 11:00 | ‘AM in Albany before Magistrate Judge Randolph F, Treece. Civil Case Management | Plan due by 12/8/2008, (Kee) (Entered: 08/18/2008) | 08/18/2008 | CLERK'S CORRECTION OF DOCKET ENTRY; Document | was modified to | | ___refleet the correct filing date of 8/15/08. (amt) (Entered: 08/18/2008) | eee [99/02/2008 | 11 | NOTICE of Appearance by Douglas J. Goglia on behalf of Helena Moses es Donohue, | | The New York State Board of Elections, James A. Walsh, Douglas A. Kellner, | || Evelyn J. Aguila (Attachments: #f 1 Declaration of Service)(Goglia, Douglas) | | (Entered: 09/02/2008) | [09/08/2008 | 12 | MOTION to Dismiss Motion Hearing set for 10/17/2008 09: 30 AM in Albany | before Senior Judge Lawrence E. Kahn Response to Motion due by 9/30/2008 Reply Co a 30f5 4/3/2016 11:57 PMCMIECF LIVE - US. District Court- NYND_ bttps:/lecf.nynd.uscourts.gov/egi-bin/DktRpt.p!?103803459065632-L. | to Response to Motion due by 10/6/2008. filed by Helena Moses Donohue, The New| | York State Board of Elections, James A. Walsh, Douglas A. Kellner, Evelyn J | | Aquila, (Attachments: #1 Memorandum of Law, 2 Declaration of Douglas | Goglia AAG, #3 Exhibit(s) A to Goglia Dec (Van Allen v, Cuomo Complaint), # 4 | | Exhibit(s) B to Goglia Dec. (July 19, 2007 Trascript of TRO Hearing from Van | Allen v. Cuomo), # 5 Exhibit(s) C to Goglia Dec (Van Allen v. Cuomo -- | Memorandum Decision & Order), # 6 Exhibit(s) D to Gogla Dee. (@d Cir Order dated 8/11/08), # 7 Exhibit(s) E to Goglia Dee (2d Cit. Order dated 8/14/08), #8 | Supplement Van aleen v. Cuomo, 2007 U.S. Dist. LEXIS 52761, # 9 Declaration of Service) (Goglia, Douglas) (Entered: 09/05/2008) 09/08/2008 13 | Emergency MOTION for Temporary Restraining Order, Emergency MOTION for | | Preliminary Injunction by H. William Van Allen, (Attachments: # | Affidavit of H, | || William Van Allen, # 2 Exhibit(s) of H. William Van Allen's Affidavidit, # 3 | Affidavit of Katherine Van Allen, # 4 Exhibit(s) of Katherine Van Allen's Affidavit) | | Oliver, Lewis) (Entered: 09/08/2008) | 09/08/2008 | 14 | MEMORANDUM OF LAW re 13 Motion for TRO,, Motion for Preliminary Injunction, filed by H. William Van Allen. (Oliver, Lewis) (Entered: 09/08/2008) 09/08/2008 | 15 | AFFIDAVIT in Opposition re 13 Emergency MOTION for Temporary Restraining | | OrderEmergency MOTION for Preliminary Injunction filed by The Ulster County | | Board of Elections. (Koplovitz, loshua) (Entered: 09/08/2008) | 09/08/2008 16 | RESPONSE in Opposition re 13 Emergency MOTION for Temporary Restraining | || OrderEmergency MOTION for Preliminary Injunction filed by Helena Moses | | Donohue, The New York State Board of Elections, James A. Walsh, Douglas A. | Kellner, Evelyn J. Aquila. (Attachments: # 1 Declaration of Service)(Goglia, Douglas) (Entered: 09/08/2008) | 99/08/2008 17 | ORDER granting 12 Motion to Dismiss; denying 13 Motion for TRO ; denying 13 | Motion for Preliminary Injunction, ORDERED, that the Plaintiffs Motion for a | Temporary Restraining Order and Preliminary Injunction (Dkt. No. 13) is DENIED; || and it is further ORDERED, that Defendants Motion to dismiss (Dkt, No. 12) is | GRANTEDs and itis further ORDERED, that Plaintiffs Complaint (Dkt. No. is | | DISMISSED in its entirety; and itis further ORDERED, that the Clerk serve @ copy of this order on all parties. Signed by Senior Judge Lawrence E. Kahn on 9/8/08. | | (ban) Entered: 09/08/2008) 09/08/2008 | 18 | JUDGMENT in favor of The New York State Board of Flections, The Ulster County | Board of Elections, Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue, James A. Walsh, John R. Parete, Thomas F. Turco against Gary M. Bohan, H. | | William Van Allen, Katherine B. Van Allen. (ban) (Entered: 09/08/2008) | “9/12/2008 | 19 | AFFIDAVIT of Service for Summons ina Civil Action served on James A ‘Walsh, | | | Douglas A. Kellner, Evelyn J. Aquila, Helena Moses Donohue, New York State Board of Elections, John R. Parete, Thomas F. Torco, Ulster County Board of Elections, New York State Attorney General Andrew Cuomo on 8/20/08, filed by H. William Van Allen, Gary M. Bohan, Katherine B. Van Allen. (Attachments: # 1 40f5 4/3/2016 11:57 PMCM/ECE LIVE - US. District Court - NYND_ | osv2arzo08 /o924?2008 11/19/2008 07/07/2010 bttps:/eef.nynd.uscourtsgov/egi-bin/DkiRpt.pI?103803459065632-L... Affidavit of Service)(Oliver, Lewis) (Entered: 09/12/2008) | i NOTICE OF APPEAL as o 17 Order on Motion to Dismiss, Order on Motion for | ‘TRO, Order on Motion for Preliminary Injunction,, 18 Judgment, by H. William Van | | Allen, Filing fee $ 455, receipt number ALB004606. {appeals packet mailed to Mr Van Allen. (ban) (Entered: 09/23/2008) ELECTRONIC NOTICE sent to US Court of Appeals © 20 Notice of Appeal. (ban) (Entered: 09/24/2008) ELECTRONIC CERTIFICATION to US Court of Appeals of Record on mn Appeal | | USCA Case Number is 08-4731-ev for 20 Appeal, fled by H. William Van Allen. (cm ) (Entered: 11/19/2008) SofS Transaction ansaction Receipt sce 11362767980 | ent Cotes = fs = PACER Service Center | [Descriptio fame leat ae | 4/3/2016 11:57 PM.= New York Law Journal >» ERONT PAGE Article 100f50018 << > [2 Share article Gi o Bp a Court Declines to Hear Bid to Knock Cruz off NY Ballot Joe! Stashenko eee ee o4voa2016 The state Court of Appeals on Friday said it denied a motion for leave to appeal an Appellate Division ruling that maintained Texas Sen. Ted Cruz's spot on the April 19 presidential ballot in New York. Will Planning » Knowledgeable Lawyers, Committed To Helping You Plan Ahead. Call Now.The court did not elaborate on why it denied the appeal in Matter of Korman v. New York State Board of Elections, 2016- 374, Aunanimous Appellate Division, Third Department, panel decided that the Feb. 16 challenge to Cruz's presence on the Republican primary ballot was filed 12 days after the statutory deadline set by the Board of Elections for contesting a candidate's spot on the 2016 ballot (NYLJ, March 25). The panel did not reach the underlying argument by the Korman plaintiffs, that Cruz does not meet the U.S. Constitution's requirement that presidents be "natural born” citizens because he was born in Canada. Robert Bernstein of Manhattan represented the plaintiffs. Daniel Sullivan of Manhattan and Grant Lally, partner at Lally & Misir in Mineola, represented the Cruz campaign. PREVIOUS: NEXT < Defendant's Grand Jury Testimony: Discrimination Ag Who Decides? individuals ainst Transgender > MewEull Site An ALM Website Comrie 2016 ALM Meda Properties LC Allg reserved