The application by the Attorney General of the State of New York to intervene is granted. The motions by the Attorney General to dismiss on the grounds of res judicata and standing are denied. The motion to dismiss the portion of the action which seeks a declaration that Election Law §8-304 is unconstitutional is granted on the basis that no cause of action is stated.

The motion by the New York State Board of Elections to dismiss the portion of the action attacking the constitutionality of the New York State voter registration form on the basis that another action is pending is denied as moot. The motion to dismiss the cause of action addressed to Election Law §8-302 is denied as is the motion to dismiss for failure to join necessary parties.

The motion to dismiss made by the New York Republican State Committee is granted and the action is dismissed as to that defendant and each political party named as a defendant.

The motions by plaintiff to disqualify counsel, to supplement the complaint and for a change of venue are denied. Plaintiffs are granted summary judgment declaring Election Law §8-302(4) unconstitutional only insofar as it prohibits those registered to vote without party enrollment to participate in primary elections to nominate Independence Party candidates for the public offices specified in the amendment to the rules adopted by the Independence Party and filed with the State Board of Elections on February 3, 2003.

This memorandum shall constitute both the Decision and Order of this Court.

So Ordered.

FootNotes:

[1]

In a closed primary system a voter must be enrolled in a particular political party to vote in that party’s primary election.

[2]

The offices are President and Vice President of the United States, United States Senator and Governor and Lt. Governor, Comptroller and Attorney General of the State of New York. In Tashjian the Republican Party of the State of Connecticut had adopted a rule inviting any elector not enrolled as a member of a party to vote in primaries for nomination of candidates for the offices of United States Senator, United States Representative, Governor, Lieutenant Governor, Secretary of the State, Attorney General, Comptroller and Treasurer.

[3]

The amendment to the rules was filed with the State Board of Elections on February 3, 2003. On April 14, 2003 the amendment was pre-cleared by the United States Department of Justice as required by §5 of the Voting Rights Act of 1965, as amended 42 U.S.C. §1973c.

[4]

The amendment provides that “[i]n all primary elections to nominate Independence Party candidates for the public offices of President and Vice President of the United States, United States Senator and Governor, Lt. Governor, Comptroller and Attorney General of the State of New York, those eligible to vote shall include enrolled members of the Independence Party and those who are registered to vote without party enrollment.”

“Considering that all three of these parties is anti-war and wants out of Iraq immediately, why should they nominate a pro-war presidential candidate that wants to stay there?”

Mike, the Indy “Greens” are like Daily Kos in reverse. They will support anyone who doesn’t have the letter “D” or “R” after his or her name!

Bull$hit!! The ‘objector’ doesn’t want to have to work for votes for McLoser so they don’t want him to compete. The GOP is no better than the Dems.

And the fact that they continue to lie to drag out this media attention, when they privately know that they’re nominating Baldwin/Castle is just sad.

State Chairman of the Independent Greens Carey Campbell emailed you yesterday, and called you.

He requested you correct your incorrect story.

Ron Paul has accepted our ballot line, and will REMAIN on the Independent Greens of Virginia Ballot for Vice President.

Mayor Bloomberg is the only person who decide if his name remains on our ballot line.

here’s press release

News Release

Nominate Bloomberg now!

Indy Greens call for National Green Party to reconvene convention in New York City this week and nominate Bloomberg for President

For Immediate Release: Contact: Joe Oddo 703-338-0200

Independent Greens of Virginia

Thursday August 21, 2008

http://www.VoteJoinRun.us

VoteJoinRun@aol.com

Bloomberg/Paul ticket on Virginia ballot for IGVA

Independent Greens of Virginia urge America’s three major minor parties to nominate Bloomberg/Paul. Indy Greens want Green, Constitution, and Libertarian Party nominees to form alliance with Michael Bloomberg and Ron Paul.

Who: Independent Greens of Virginia have Mayor Michael Bloomberg on the ballot for President, and Congressman Ron Paul for Vice President in Virginia.

What: Indy Greens call on Green Party’s Cynthia McKinney, Libertarian’s Bob Barr, and Constitution Party’s Chuck Baldwin to form a post partisan, independent unity alliance with Michael Bloomberg and Ron Paul to form America’s Third Major party.

How: The Green Party should reconvene their convention now, and nominate Bloomberg/Paul, as could the Libertarian and Constitution Parties.

When: Within the week.

Where: New York City

Indy Green state Chairman, and national chair of the Committee to Draft Michael Bloomberg for President http://www.DraftMichael.com, Carey Campbell, “ We have time to put Bloomberg on the ballot with Independent and Green Parties on enough state ballots to elect President Bloomberg.”

Joe Oddo, campaign coordinator, “This is our time. Let us band together today. Harness the energy Bloomberg/Paul have generated to offer positive solutions for America. Imagine debates with a third alternative.”

Gail “for Rail” Parker, “We need to cut dependence o n foreign oil, build solar, wind power, and rail across America. Bloomberg/Paul make America safer and more secure.”

The Independent Greens of Virginia have been contacted by state Green Party leaders, and Independence Party representatives urging action today.

Carey Campbell, State Chairman, Independent Greens of Virginia http://www.VoteJoinRun.US

703-338-2553 (cell)

5522 Hinton Street

Springfield, VA 22151

novagreen@prodigy.net

Glenda “Gail for Rail” Parker, State Secretary Independent Green of Virginia

703-960-5602 (home)

703-585-0512 (cell)

gailparker2006@aol.com