Amended Verified Petition-Complaint
INDEX NO. 007058/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 08/08/2019 NEW YORK STATE SUPREME COURT ONONDAGA COUNTY UPSTATE JOBS PARTY, JOHN BULLIS, JOHN RYAN MCMAHON II, INDEPENDENCE PARTY OF NEW YORK, FRANK MACKAY, and JESSICA AMIDON, Petitioners-Plaintiffs, v. DUSTIN M. CZARNY, Onondaga County Board of Elections Index No.: 007058/2019 Commissioner, and MICHELE L. SARDO, Onondaga County Board of Elections Commissioner, and PETER S. KOSINSKI, New York State Board of Elections Co- Chair Commissioner, DOUGLAS A. KELLNER, New York State Board of Elections Co-Chair Commissioner, ANDREW J. SPANO, New York State Board of Elections Commissioner, and GREGORY P. PETERSON, New York State Board of Elections Commissioner, Respondents-Defendants. AMENDED VERIFIED PETITION-COMPLAINT Petitioners-Plaintiffs, UPSTATE JOBS PARTY, JOHN BULLIS, JOHN RYAN MCMAHON II, INDEPENDENCE PARTY OF NEW YORK, FRANK MACKAY, and JESSICA AMIDON, (“Petitioners”), by their attorneys Santiago Burger LLP, Michael Burger and Fernando Santiago, of counsel, as and for their amended petition-complaint (“Petition”), amended as of right pursuant to N.Y. Civil Practice Law and Rules (CPLR) § 3025(a), seeking declaratory judgement, injunctive relief, and other remedies pursuant to N.Y. Elec. Law Article 1 1 of 33 INDEX NO. 007058/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 08/08/2019 16, N.Y. CPLR Article 78, CPLR §§ 3001 and 8601, 42 U.S.C. § 1983, and the United States and the New York State Constitutions, allege as follows: RELIEF REQUESTED 1. Petitioners, two political organizations by their leadership, a candidate for political office, and eligible voters bring this lawsuit against the Boards of Election commissioners to compel a separate ballot line for the Upstate Jobs Party (“UJP”) in the November 5, 2019 election for Onondaga County Executive, vindicating Plaintiffs’ rights to free speech, free association, ballot integrity, and voter choice.
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