Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 1 of 30 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANDREW YANG, JONATHAN HERZOG, HELLEN SUH, BRIAN VOGEL, SHLOMO SMALL, ALISON HWANG, KRISTEN MEDEIROS, and DR. ROGER GREEN, individually and on behalf of all others similarly situated, USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 5/5/2020 Plaintiffs, -against20 Civ. 3325 (AT) DOUGLAS A. KELLNER, Co-Chair and Commissioner, ANDREW SPANO, Commissioner, PETER S. KOSINSKI, Co-Chair and Commissioner, TODD D. VALENTINE, Co-Executive Director, and ROBERT A. BREHM, Co-Executive Director, individually and in their official capacities at the New York State Board of Elections, and THE NEW YORK STATE BOARD OF ELECTIONS, OPINION AND ORDER Defendants. GEORGE ALBRO, PENNY MINTZ, JAY BELLANCA, TRACI STRICKLAND, EMILY ADAMS, NESTOR MEDINA, SIMRAN NANDA, KATHRYN LEVY, JOSHUA SAUBERMAN, CARI GARDNER, STEPHEN CARPINETA, NANCY DEDELVA, and TING BARROW, Plaintiff-Intervenors, -againstDOUGLAS A. KELLNER and ANDREW SPANO, as Commissioners of the New York State Board of Elections, and the NEW YORK STATE BOARD OF ELECTIONS, Defendants. ANALISA TORRES, District Judge: In this action, Plaintiffs, Andrew Yang, a Democratic Party presidential candidate who has suspended his campaign, and Jonathan Herzog, Hellen Suh, Brian Vogel, Shlomo Small,

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