Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 14 of 30
prohibitory or mandatory injunction is sought here. See Green Party of New York State v. New
York State Bd. of Elections, 267 F. Supp. 2d 342, 351 (E.D.N.Y. 2003), modified, No. 02 Civ.
6465, 2003 WL 22170603 (E.D.N.Y. Sept. 18, 2003), and aff’d, 389 F.3d 411 (2d Cir. 2004).
B. Analysis
1. Irreparable Harm
To establish irreparable harm, Plaintiffs and Plaintiff-Intervenors “must demonstrate that
absent a preliminary injunction they will suffer an injury that is neither remote nor speculative,
but actual and imminent, and one that cannot be remedied if a court waits until the end of trial to
resolve the harm.” Faiveley, 559 F.3d at 118 (internal quotation marks and citation omitted).
Plaintiffs and Plaintiff-Intervenors have shown irreparable injury because they face a
violation of their constitutional rights. “All election laws necessarily implicate the First and
Fourteenth Amendments.” Gonsalves v. New York State Bd. of Elections, 974 F. Supp. 2d 191,
197 (E.D.N.Y. 2013) (internal quotation marks and citation omitted). And 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.” Price v. New
York State Bd. of Elections, 540 F.3d 101, 107–08 (2d Cir. 2008) (quoting Anderson v.
Celebrezze, 460 U.S. 780, 788 (1983) (internal quotation marks omitted)).
In the Second Circuit, it is well-settled that an alleged constitutional violation constitutes
irreparable harm. See, e.g., Connecticut Dep’t of Envtl. Prot. v. O.S.H.A., 356 F.3d 226, 231 (2d
Cir. 2004) (“[W]e have held that the alleged violation of a constitutional right triggers a finding
of irreparable injury.” (internal quotation marks and citations omitted)); Statharos v. New York
City Taxi & Limousine Comm’n, 198 F.3d 317, 322 (2d Cir. 1999) (“Because plaintiffs allege
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