Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 8 of 30 DISCUSSION I. Standing “Article III, § 2, of the Constitution limits the jurisdiction of federal courts to ‘Cases’ and ‘Controversies,’ which restricts the authority of federal courts to resolving the legal rights of litigants in actual controversies.” Genesis Healthcare Corp. v. Symczyk, 569 U.S. 66, 71 (2013) (internal quotation marks and citation omitted). The “Constitution requires that anyone seeking to invoke federal jurisdiction . . . have standing to do so.” Crist v. Comm’n on Presidential Debates, 262 F.3d 193, 194 (2d Cir. 2001); see Genesis Healthcare Corp., 569 U.S. at 71 (“In order to invoke federal-court jurisdiction, a plaintiff must demonstrate that he possesses a legally cognizable interest, or personal stake, in the outcome of the action.” (internal quotation marks and citation omitted)). “To satisfy Article III, a party must demonstrate an ‘injury in fact’; a causal connection between the injury and the conduct of which the party complains; and that it is ‘likely’ a favorable decision will provide redress.” Kowalski v. Tesmer, 543 U.S. 125, 129 n.2 (2004) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–61 (1992)). Defendants argue that “it is unlikely that any of the [P]laintiffs will be able to demonstrate that they have standing to bring suit.” Def. Opp. at 12, ECF No. 26. The Court disagrees. First, Plaintiffs have suffered an “injury in fact.” Kowalski, 543 U.S. at 129 n.2 (internal quotation marks and citation omitted). As of March 4, 2020, eleven presidential contenders, including Yang, and delegates pledged to Yang, Sanders, and others, had qualified to be on the Democratic presidential primary ballot. See Sample Ballot, ECF No. 27-7; Brehm Decl. ¶ 3. On April 27, 2020, the Democratic Commissioners removed Yang and other presidential candidates from the ballot, and, pursuant to New York Election Law § 6-160(2), the BOE announced that the race was canceled. See Compl. ¶ 4. These actions denied Plaintiffs and Plaintiff-Intervenors 8

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