Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 2 of 30

Alison Hwang, Kristen Medeiros, and Roger Green, Yang’s pledged delegates, allege, among
other claims, that their rights under the First and Fourteenth Amendments to the United States
Constitution were violated when, on April 27, 2020, their names were removed from the New
York Democratic presidential primary ballot and the primary was canceled. See Compl., ECF
No. 20.
Plaintiffs move, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a
temporary restraining order and preliminary injunction enjoining Defendants, Douglas A.
Kellner, Andrew Spano, Peter S. Kosinski, Todd D. Valentine, and Robert A. Brehm, in their
individual and official capacities (the “BOE Officials”), and the New York State Board of
Elections (the “BOE”), from “cancelling the June 23, 2020 Democratic [p]residential [p]rimary,”
ECF No. 1-11, and directing the “reinstat[ement]” of “all duly qualified candidates . . . [to] the
ballot.” Compl. at 30; see also ECF No. 1-11. Plaintiff-Intervenors, George Albro, Penny
Mintz, Jay Bellanca, Traci Strickland, Emily Adams, Nestor Medina, Simran Nanda, Kathryn
Levy, Joshua Sauberman, Cari Gardner, Stephen Carpineta, Nancy de Delva, and Ting Barrow,
join in this request for emergency relief. ECF No. 30; see Intervenor Compl., ECF No. 29-2.
BACKGROUND
I.

The New York Democratic Presidential Primary
The 2020 Democratic National Convention (the “Convention”) is scheduled to be held in

Milwaukee, Wisconsin, from August 17 to 20, having been postponed from July 13 to 16 due to
the COVID-19 pandemic. Compl. ¶ 58. Under the New York Democratic Party’s delegate
selection rules, a candidate for the presidency may send delegates to the Convention if he or she
receives at least 15 percent of the vote in a congressional district, and 15 percent of the vote
statewide. See 2020 New York State Delegate Selection Plan (the “Delegate Selection Plan”)

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