Emery Celli Brinckerhoff & Abady LLP
 
Election Law

Consistent with its strong commitment to open government and fair elections, the Firm has established a national reputation in litigation concerning access to the ballot and voting rights. We have represented Democrats, Republicans, Independents and others as they have striven for fair and open election procedures and to uphold the right to vote. 

  • In Rockefeller v. Powers (1996) and Molinari v. Powers (2000), the Firm and the Brennan Center represented insurgent Republican presidential candidates (Steve Forbes in Rockefeller and John McCain in Molinari) and others committed to an open ballot process in New York State, successfully launching and prosecuting constitutional challenges to ballot access rules for the Republican presidential primary. The victory secured in Rockefeller in 1996 resulted in Steve Forbes being placed on the ballot in all congressional districts in New York, and led to significant changes in New York State's election procedures. Because the legislative changes did not liberalize the process sufficiently to comport with the Constitution, a new challenge was brought in 2000 on behalf of John McCain and his supporters, which led to an injunction ordering that McCain be placed on the ballot statewide.

  • In Jacobs v. Seminole County Canvassing Board, the Firm mounted a challenge to unlawfully altered absentee ballots in the 2000 presidential election in Florida.

  • In Rodriguez v. Pataki, the Firm represented a group of voters challenging the 2002 reapportionment of New York State Senate districts, alleging that the redistricting plan violated the “one person, one vote” requirement of the Constitution as well as the Voting Rights Act.

  • In Golisano v. Pataki, the Firm represented New York gubernatorial candidate Tom Golisano in a federal litigation to ensure the integrity of the 2002 Independence Party primary for Governor in New York.