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E2022-0116CV
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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF STEUBEN
------------------------------------------------------------------x
:
TIM HARKENRIDER, GUY C. BROUGHT, :
LAWRENCE CANNING, PATRICIA CLARINO, :
GEORGE DOOHER, JR., STEPHEN EVANS, :
LINDA FANTON, JERRY FISHMAN, JAY :
FRANTZ, LAWRENCE GARVEY, ALAN :
NEPHEW, SUSAN ROWLEY, JOSEPHINE :
THOMAS, AND MARIANNE VOLANTE, :
:
:
Petitioners,
:
v. : Index No.: E2022-0116CV
GOVERNOR KATHY HOCHUL, LIEUTENANT :
GOVERNOR AND PRESIDENT OF THE :
SENATE BRIAN A. BENJAMIN, SENATE :
MAJORITY LEADER AND PRESIDENT PRO :
TEMPORE OF THE SENATE ANDREA :
STEWART-COUSINS, SPEAKER OF THE :
ASSEMBLY CARL HEASTIE, NEW YORK :
STATE BOARD OF ELECTIONS, AND THE :
NEW YORK STATE LEGISLATIVE TASK :
FORCE ON DEMOGRAPHIC RESEARCH AND :
REAPPORTIONMENT, :
:
Respondents. :
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THE PARENT PARTY INTERVENORS’ MEMORANDUM OF LAW IN SUPPORT OF

THEIR MOTION TO INTERVENE AND NEW CAUSE OF ACTION REQUESTING
MODIFICATIONS TO THE INDEPENDENT NOMINATING PETITION PROCESS

Aaron S. Foldenauer, Esq.

LAW OFFICE OF AARON S. FOLDENAUER
30 Wall Street, 8th Floor
New York, NY 10005
Telephone: (212) 961-6505
Email: [email protected]

Date: May 16, 2022 Counsel for the Parent Party Intervenors

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TABLE OF CONTENTS

Page

PRELIMINARY STATEMENT .....................................................................................................1

ARGUMENT ...................................................................................................................................2

I. THE PARENT PARTY INTERVENORS WILL BE HARMED IF THE

COURT DOES NOT MODIFY ITS MAY 11 BALLOT ACCESS
ORDER. ...............................................................................................................................2

A. The Parent Party Intervenors are Candidates and Organizers who

are Seeking To Build a Political Party. ....................................................................2

B. The Parent Party’s Efforts to Build a Political Party and Promote

Candidates During the 2022 Election Cycle ............................................................4

C. The Redistricting Litigation and the Court’s May 11 Ballot Access

Order Are Interfering with the Parent Party’s Petitioning Efforts ...........................5

II. THERE ARE NO TIMING ISSUES WITH RESPECT TO THE RELIEF

REQUESTED. .....................................................................................................................9

III. THE COURT SHOULD ALLOW SIGNATURES OBTAINED ON

APRIL 19, 2022 OR THEREAFTER TO BE COUNTED. ..............................................11

IV. A REDUCTION IN THE OVERALL SIGNATURE REQUIREMENTS

FOR INDEPENDENT NOMINATING PETITIONS IS ALSO
APPROPRIATE.................................................................................................................12

CONCLUSION ..............................................................................................................................13

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The Parent Party of New York, Patrick Donohue, William Noel, Brian Robinson, Danyela

Souza Egorov, Kevin Pazmino, Pooi Stewart, Otis D. Danne Jr., and Gavin Wax (collectively, the

“Parent Party Intervenors”) respectfully submit this Memorandum in support of their request to

intervene and in support of their additional cause of action requesting modifications to the

independent nominating petition process that was set forth in the Court’s May 11 Order (NYSCEF

No. 524) (the “Ballot Access Order”).

PRELIMINARY STATEMENT

In this Motion to Intervene, the Parent Party Intervenors seek several modifications to the

Court’s May 11 Ballot Access Order, including but not limited to (a) applying the Court’s new

calendar for the independent nominating process to all public offices; (b) allowing signatures

gathered on or after April 19 to be counted as valid (if otherwise valid); and (c) reducing the

signature requirements for independent nominating petitions by 50%.

These modifications would vindicate the Parent Party Intervenors’ right to associate with

the political party of one’s choice pursuant to the United States Constitution. Tashjian v.

Republican Party of Conn., 479 U.S. 208, 214 (1986) (internal quotation omitted) (concluding that

“[t]he right to associate with the political party of one’s choice is an integral part of this basic

constitutional freedom [of association]”). The proposed modifications would allow the Parent

Party’s endorsed candidates a fair opportunity to circulate independent nominating petitions to get

on the ballot, in what has been an election cycle filled with uncertainty given the ongoing

redistricting developments and the now-resurging COVID-19 pandemic.

There are no timeliness concerns with respect to this motion to intervene. The Parent Party

Intervenors appear now, just days after the Court entered the Ballot Access Order, an order which

the court issued less than several hours after counsel to Respondent New York State Board of

Elections proposed it, without explanation or any prior briefing. Compare NYSCEF No. 523 with

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NYSCEF No. 524. Furthermore, no one will be harmed by the relief the Parent Party Intervenors

seek, given that relief requested impacts only the independent nominating petition process and the

November 8, 2022 General Election.

The intervenors are the Parent Party of New York, affiliated individuals, and candidates

endorsed by the Parent Party. The Parent Party is a new political party which is seeking to get

candidates on the ballot by virtue of slate petitioning—a practice commonly used whereby

candidates team up to gather petitions together. The Ballot Access Order has made it virtually

impossible for the Parent Party of New York, and its candidates, to put together slates of candidates

so as to get them on the ballot and effectively organize this election cycle.

ARGUMENT

I. THE PARENT PARTY INTERVENORS WILL BE HARMED IF THE COURT

DOES NOT MODIFY ITS MAY 11 BALLOT ACCESS ORDER.

The Constitutional rights of the Parent Party Intervenors, who are attempting to organize a

new political party and select and elect candidates to office, would be violated under the current

independent nominating petition rules that have been set forth by the Court. Price v. New York

State Bd. of Elections, 540 F.3d 101, 107-08 (2d Cir. 2008) (noting that where a challenged

regulation “governs the registration and qualification of voters, the selection and eligibility of

candidates, or the voting process itself, [it] inevitably affects—at least to some degree—the

individual’s right to vote and his right to associate with others for political ends.”) (quoting

Anderson v. Celebrezze, 460 U.S. 780, 788 (1983) (internal quotation marks omitted)).

A. The Parent Party Intervenors are Candidates and Organizers who are Seeking
To Build a Political Party

The Parent Party of New York is a new political party in New York State. Affidavit of

Patrick Donohue (“Donohue Aff.”) ¶ 3. The Parent Party’s mission is to empower parents to take

back control of their child’s education, empower citizens to take back control of our democracy,

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and support local law enforcement to take back control of our streets. Donohue Aff. ¶ 4.

Intervenor Patrick Donohue is the Founder and Chairman of the Parent Party of New York (the

“Parent Party”), and Intervenor William Noel is the Chief of Staff of the Parent Party. Donohue

Aff. ¶ 3; Noel Aff. ¶ 2.

Five of the petitioners in connection with this Motion to Intervene are candidates for office

who intend to secure the Parent Party third-party ballot line in the November 8, 2022 General

Election. All five of these candidates have been endorsed by the Parent Party and intend to

circulate independent nominating petitions, but the redistricting process and the ongoing litigation

has interfered with their ability to do so. Brian Robinson and Danyela Souza Egorov are candidates

for Congress and State Senate, respectively, and have already qualified to appear on the ballot in

the upcoming Democratic primary scheduled for August 23, 2022. Affidavit of Brian Robinson

¶ 3; Affidavit of Danyela Souza Egorov ¶ 2. Kevin Pazmino and Pooi Stewart are both candidates

for State Assembly; Pooi Stewart has qualified to appear on the ballot in the upcoming Democratic

primary scheduled for June 28, 2022, and Kevin Pazmino has qualified to be the Conservative

Party nominee in the November 8, 2022 General Election. Affidavit of Pooi Stewart ¶ 2; Affidavit

of Kevin Pazmino ¶ 2.

Intervenor Otis Danne is a candidate for State Assembly and is uniquely situated given that

he attempted to qualify as a candidate in the Democratic primary but was removed from the ballot

by the New York City Board of Elections. Affidavit of Otis Danne ¶ 6. Accordingly, if he does

not successfully secure the Parent Party line or any other third-party line, he will not make the

ballot at all, which would mean that none of his supporters in his Assembly District would be able

to vote for him at all this election cycle. Id. ¶ 7. In addition to the Parent Party’s current candidates,

other potential candidates may decide to run on the Parent Party line once districts are finalized (a

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determination they could have not made previously, given the ongoing uncertainty concerning the

district maps).

Intervenor Gavin Wax is a registered voter who supports the ability of third parties to

organize in the State of New York, given that he believes our “polarized, tribal political culture is

broken.” Affidavit of Gavin Wax (“Wax Aff.”) ¶ 2. Mr. Wax supports the Parent Party and agrees

with several key issues advanced by the Parent Party, including school choice and standing in

opposition to “Defund the Police” efforts. Id. ¶ 3. Mr. Wax seeks to intervene as a voter and

supporter of the Parent Party so that his rights will be protected.

B. The Parent Party’s Efforts to Build a Political Party and Promote Candidates
During the 2022 Election Cycle

The Parent Party has been focused on the 2022 election cycle in which various elections

are scheduled to be held. Those elections include Statewide offices, such as Governor, Lieutenant

Governor, Attorney General and Comptroller. In addition, elections for U.S. Senate, Congress,

State Senate, State Assembly, and local offices are scheduled to be held in New York this year.

Donohue Aff. ¶ 5. For the 2022 election cycle in New York, one aim of the Parent Party is to

recruit suitable candidates, get them on the ballot, and work with their campaigns with the goal of

electing as many Parent Party candidates into office as possible. Id. ¶ 6.

The Parent Party has endorsed a wide array of candidates running for Statewide offices, State

Senate, State Assembly, and Congress. Id. ¶ 7; see also Media Advisories available at

https://www.parentparty.org/media/ (last visited May 15, 2022).

One of the goals of the Parent Party is to become an official ballot access party in New

York State, which would enable it to be deemed a “party” under the New York State Election Law.

Id. ¶ 8. Currently, there are four ballot access parties in New York State: (1) the Democratic party;

(2) the Republican party; (3) the Conservative party; and (4) the Working Families party. If the

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Parent Party were to become a ballot access party, it would secure a number of benefits, including:

(a) being able to form an official party apparatus and further build its fundraising operation;

(b) allowing individuals, when they register to vote, to officially enroll in the Parent Party; and

(c) allowing individuals to run as a Parent Party candidate as part of the designating petition

process. In other words, becoming a ballot access party will increase the standing of the Parent

Party and enhance its ability to elect qualified candidates into office. Id. ¶ 9.

In order to become a ballot access party in the State of New York, the Parent Party needs

to obtain “excluding blank and void ballots . . . at least two percent of the total votes cast for its

candidate for governor, or one hundred thirty thousand votes, whichever is greater, in the year in

which a governor is elected . . .” N.Y. Elec. Law § 1-104(3). As was recently reported by the New

York Post, the Parent Party of New York has endorsed Lee Zeldin for Governor. See New York

Post, Parent Party Endorses Lee Zeldin, GOP Candidates for Top Statewide Offices, May 14,

2022, available at https://nypost.com/2022/05/14/parent-party-endorses-lee-zeldin-gop-

candidates-for-top-statewide-offices/.1 Given that Lee Zeldin will be the Parent Party candidate

for governor, the Parent Party and its supporters will circulate independent nominating petitions

that will nominate him to be on the ballot on the Parent Party line in the November 8, 2022 General

Election. Donohue Aff. ¶ 12.

C. The Redistricting Litigation and the Court’s May 11 Ballot Access Order Are
Interfering with the Parent Party’s Petitioning Efforts

The Parent Party has always intended to use “slate petitions” to get its candidates on the

ballot. When slate petitions are used, not only would Lee Zeldin’s name typically appear on a

1
Lee Zeldin is also (a) a candidate for governor in the Republican Primary Election
currently scheduled to be held on June 28, 2022; and (b) the Conservative Party’s candidate for
governor in the General Election scheduled on November 8, 2022. Donohue Aff. ¶ 11.

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petition, but also, the names of the other statewide candidates would appear along with, when

applicable, selected Parent Party candidates running for (a) Representative in Congress; (b) State

Senate; (c) State Assembly; and (d) candidates running for local office. By utilizing this slate

petitioning strategy—which is also used by both major political parties—the signatures gathered

count for all of the candidates on each petition sheet, thus allowing the candidates to work with

each other and make the process of gathering signatures a synergistic one. Id. ¶ 13.

The entire redistricting process and the ongoing litigation has interfered with the Parent

Party’s ability to form petition slates and gather signatures on slate petitions, which contravenes

their constitutional right of association. As the Second Circuit has recognized, circulating petitions

“clearly constitute[s] core political speech,” because it “of necessity involves both the expression

of a desire for political change and a discussion of the merits of the proposed change.” Lerman v.

Bd. of Elections in City of New York, 232 F.3d 135, 146 (2d Cir. 2000).

The redistricting process and several provisions in the Ballot Access Order are interfering

with the Parent Party’s attempt to (a) get Parent Party candidates to get on the ballot and (b) qualify

the Parent Party as a ballot access party in the State of New York. Significant uncertainty has

existed in connection with the petitioning process since this action was initiated on February 3,

2022, and particularly after this Court’s March 31, 2022 Decision and Order striking down the

Congressional map, State Senate map, and State Assembly map, and the subsequent appeals and

motion practice that followed. Donohue Aff. ¶ 14.

According to the New York State Board of Elections Political Calendar, the independent

nominating petition process was originally due to start on April 19, 2022. See

https://www.elections.ny.gov/NYSBOE/law/2022PoliticalCalendar.pdf/ (last visited May 15,

2022). However, as of April 19, the Congressional map, State Senate map, and State Assembly

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map were all in question, thus leaving few, if any, of the Parent Party candidates with clear

guidance as to whether to begin petitioning then. Statewide candidates, such as Mr. Zeldin, need

to obtain signatures by Congressional district (in addition to gathering a certain total number of

signatures). Thus, it did not make sense for statewide candidates to start then, particularly when

many of their “boots on the ground” to gather signatures—e.g., candidates for Congress, State

Senate, State Assembly—could not feasibly start slate petitioning at that time (given that their

district lines were unknown) and since it was not clear if any signatures gathered by anyone,

including a Statewide candidate, would count at all. Donohue Aff. ¶ 16.

Additional uncertainty followed the Appellate Division’s decision on April 21, 2022 and

the Court of Appeals’ decision on April 27, 2022. The eyes of the political world then focused on

both this Court and the Board of Elections for guidance as to the future of all petitioning, including

independent nominating petitions—even while motions to intervene were pending before this

Court concerning the constitutionality of the State Assembly map. Id. ¶ 17.

While the various appeals and other motions to intervene were pending in late-April and

during the first two weeks of May, the Board of Elections provided no official guidance as to what

candidates should do, including with respect to those candidates and political parties, such as the

Parent Party Intervenors, who were contemplating circulating independent nominating petitions.

As the Chief of Staff of the Parent Party, William Noel, states in his affidavit, he sought guidance

at the New York State Board of Elections’ office in Albany on May 3, 2022 concerning the

independent nominating petition process. Noel Aff. ¶ 5. After asking three different individuals

for guidance, they informed him that they did not know what the process would be for independent

nominating petitions and stated that it is up to the courts. They further informed him that they

were waiting for the courts to create a political calendar for the independent nominating petition

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process. Id. Based on the lack of guidance provided by the State Board of Elections, along with

the continuing uncertainties relating to the redistricting litigation, the Chief of Staff did not know

if the Parent Party should start the independent nominating petition process and if it did, whether

those signatures would ultimately be considered valid. Id. ¶ 6.

The first potential guidance received by interested parties was from this Court in its May

5, 2022 Advisory Opinion (NYSCEF Doc. No. 409), and that Advisory Opinion commented on

only the independent nominating petition process for statewide candidates. Donohue Aff. ¶ 18. It

was only when the Court issued its ballot access order on May 11, 2022 (NYSCEF Doc. No. 524)

(the “Ballot Access Order”) that candidates for office and political advocates (including members

and candidates affiliated with the Parent Party) began to have some guidance as to the future of

the independent nominating petitioning process. This, again, is crucial to the Parent Party, because

the independent nominating petition process is precisely how Parent Party candidates will get on

the ballot, and the path through which the Parent Party can become a ballot access party in the

State of New York. Id. ¶ 19.

At this juncture, the independent nominating petition schedule is bifurcated, whereby

Statewide and State Assembly candidates must (apparently) circulate independent nominating

petitions pursuant to the Board of Elections’ Political Calendar, but yet, Congressional and State

Senate candidates are not required—or even allowed—to start circulating such petitions until May

21. Among other issues, given these bifurcated petitioning schedules, as the Ballot Access Order

is now written, it is nearly impossible for Lee Zeldin and the other Statewide candidates to

effectively slate petition with other candidates. In addition, State Senate and Congressional

candidates are similarly unable to form independent nominating petition slates with any Statewide

or State Assembly candidates because of the differing petition schedules (and vice-versa). Indeed,

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it is highly unusual that Congressional and State Senate candidates are given more time than other

candidates to circulate independent nominating petitions when the relevant General Election date

is the same for all candidates: November 8, 2022.

In addition, it is inequitable, and unnecessary, to require Statewide, State Assembly, and

local candidates to file their independent nominating petitions by May 31 pursuant to the political

calendar, when there was—and, indeed, still is—so much uncertainty concerning the petitioning

and redistricting processes. In addition, only now is there some reasonable certainty concerning

the parameters of the Assembly Map, given that this Court ruled on an unrelated Motion to

Intervene on this question on May 11, 2022. See, e.g., Decision and Order, NYSCEF No. 520.

Statewide candidates such as Lee Zeldin are also further harmed because in addition to

garnering a certain number of total signatures, they also must gather signatures by Congressional

District. N.Y. Election Law § 6-142. Those Congressional Districts, of course, do not yet exist,

and will not exist until those districts are finalized by this Court on May 20—and even then, the

district lines will be subject to an appeal or further challenges. Accordingly, even in the best-case

scenario, statewide candidates will have only eleven days from when the congressional lines are

supposed to be issued to ensure that they have met the Election Law’s requirement of gathering

signatures by Congressional District. Critically, it is unlikely that Respondent Board of Elections

will have updated voter rolls by the May 31 deadline, thus rendering it highly difficult for

campaigns to cross-reference the many thousands of signatures gathered to ensure compliance with

the congressional-district requirement.

II. THERE ARE NO TIMING ISSUES WITH RESPECT TO THE RELIEF

REQUESTED.

The Parent Party Intervenors brought their Motion to Intervene just days after the Court

issued the Ballot Access Order. They could not have proceeded sooner, since the Ballot Access

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Order was issued without any prior briefing or warning, and only hours after the New York State

Board of Elections posted it to the docket, without explanation. Compare NYSCEF No. 523 with

NYSCEF No. 524.

Furthermore, there are no timing issues with respect to the relief requested, and no one will

be harmed. The only changes that the Parent Party Intervenors request pertain to the November 8,

2022 General Election. In other words, the Parent Party Intervenors are not asking the Court to

change anything concerning the scheduled June 28 and August 23 primaries. Accordingly, this

motion to intervene does not seek to change anything concerning the designating petition process

and or any of the district lines.

The relief requested, which would allow all candidates to circulate independent nominating

petitions pursuant to the Court’s schedule set forth in the May 11 Ballot Access Order, would

simply give candidates more time to circulate petitions without resulting in harm or injury to

anyone.2 The New York State Board of Elections, and local boards of elections, will have plenty

of time to finalize the ballot for the November 8, 2022 General Election. In fact, the independent

nominating petition process has historically taken place much later in the year. For example, in

2017—when, incidentally, Aaron Foldenauer, counsel to the Parent Party Intervenors, ran for New

York City Council and sought and obtained a third-party line—the process for gathering signatures

for independent nominating petitions did not even begin until July 11. See New York State Board

2
In addition to vindicating the Parent Party Intervenors’ Right of Association, it would also benefit
other individuals and smaller political parties, such as the Libertarian Party Intervenors, who have
long sought fair access to the ballot. See, e.g., Press Release, Unite NY Calls for Changes to Ballot
Access Requirements to Give Voters A Greater Voice (Apr. 28, 2022), available at
https://uniteny.org/unite-ny-calls-for-changes-to-ballot-access-requirements-to-give-voters-a-
greater-voice/; Press Release, Green Party, Suppressing Ballot Access is a Violation of Voting
Rights (May 12, 2022), available at
https://www.gp.org/suppressing_ballot_access_is_a_violation_of_voting_rights.

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of Elections 2017 Political Calendar, available at

https://www.elections.ny.gov/NYSBOE/law/2017PoliticalCalendar.pdf (last visited May 16,

2022). The last day to gather signatures for independent nominating petitions in 2017 was August

22. Id. At that time, there was no suggestion that August 22 as the final signature-gathering date

for independent nominating petitions was in any way “too late” to finalize the ballot for the

November General Election. Here, the Court has scheduled petitioning for independent

nominations to conclude well before then—July 5—which allows for approximately six weeks of

additional lead time compared to the timing for the very same independent nominating petitioning

process used in 2017.

III. THE COURT SHOULD ALLOW SIGNATURES OBTAINED ON APRIL 19, 2022
OR THEREAFTER TO BE COUNTED.

Independent nominating petitioning was originally scheduled to commence on April 19,

2022. New York State Board of Elections 2022 Political Calendar, available at

https://www.elections.ny.gov/NYSBOE/law/2022PoliticalCalendar.pdf (last visited May 16,

2022). As described above, the Parent Party Intervenors have not been able to start petitioning

until recently, given the various uncertainties posed by the redistricting process and the ongoing

litigation. However, so that no candidate who started on April 19 will be prejudiced, the Court

should modify the Ballot Access Order to indicate that any independent nominating petitions

gathered starting on April 19 should be considered valid (if the signatures are otherwise valid).

This would constitute only a minor modification to the Court’s Ballot Access Order, which

currently would invalidate any signatures gathered before May 21, 2022 for the independent

nominating petitions that are subject to the Court’s schedule. See Ballot Access Order at 4.

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IV. A REDUCTION IN THE OVERALL SIGNATURE REQUIREMENTS FOR

INDEPENDENT NOMINATING PETITIONS IS ALSO APPROPRIATE.

The Parent Party Intervenors agree with the Libertarian Party Intervenors (see Motion No.

14) that the signature requirements set forth in the Election Law should be reduced, given the

ongoing chaos caused by the redistricting process and the resurging COVID-19 pandemic.

Signature requirements for independent nominating petitioning have been substantially reduced

over the course of the past two years, and there was no reported harm to the political process.

Compare N.Y. Elec. Law § 6-142 (provisions effective until Dec. 31, 2021) with N.Y. Elec. Law

§ 6-142 (provisions currently in effect). Furthermore, and unfortunately, the COVID-19 pandemic

is not over and is now resurging. Just today, the New York City Health Department issued a strong

recommendation to wear high-quality masks in public, indoor settings, given that case numbers

are rising.3

Other indicia of the continuing ramifications of the COVID-19 pandemic are evident in

this very court: Rules governing the Courtroom in Steuben County Supreme Court require all

individuals to wear a mask, even while they are speaking.

The Parent Party Intervenors request that the number of signatures required for independent

nominating petitions for each public office, as set forth in New York Election Law Section 6-142,

be reduced by 50%. These lowered requirements would make the petitioning process safer and

reduce the amount of paperwork that needs to be processed by the New York State Board of

Elections and local boards of elections.

3
See
https://twitter.com/nycHealthy/status/1526219171549401088?s=20&t=QoGIZxkIvLbmEMes_9
8_9A (last visited May 16, 2022).

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CONCLUSION

For the foregoing reasons, the Parent Party Intervenors request that the Court make the

following modifications to its Ballot Access Order to vindicate the Parent Party Intervenors’

Constitutional freedom of association:

a) apply the Court’s schedule for Independent Nominating Petitions listed on page 4

of the Ballot Access Order to all candidates for public office, namely: Statewide,

Congressional, State Senate, State Assembly, and local offices for the November 8,

2022 General Election;

b) allow signatures gathered on independent nominating petitions as early as April 19,

2022 to be counted as valid (if otherwise valid); and

c) reduce the signature requirements set forth in New York Election Law § 6-142 for

independent nominating petitions by 50%, consistent with NYS Legislature’s

modifications due to COVID-19 and its variants.

Dated: May 16, 2022 Respectfully submitted,

New York, NY

/s/ Aaron Foldenauer

Aaron S. Foldenauer, Esq.
LAW OFFICE OF AARON S. FOLDENAUER
30 Wall Street, 8th Floor
New York, NY 10005
Telephone: (212) 961-6505
Email: [email protected]

Counsel for the Parent Party Intervenors

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