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Murawski v. N.Y.S. Bd. of Elections

Claim for Relief Not Stated in Mayoral Candidate's Action Over Ballot Placement Denial

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OPINION

*1Defendants New York City Board of Elections (the “City Board”), New York City Campaign Finance Board (the “Finance Board”) (collectively, the “City Defendants”), and New York State Board of Elections (the “State Board”) (altogether the “Defendants”) have moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the Complaint (the “Complaint”) of pro se Plaintiff William Murawski (“Murawski” or the “Plaintiff”), in which he alleged violations of the First, Fifth, and Fourteenth Amendments of the U.S. Constitution, and 42 U.S.C. §§1985 and 1986. Plaintiff further alleges the City Board has violated the Help America Vote Act, 42 U.S.C. §15301, et seq. (“HAVA”). Based on the facts and conclusions set forth below, the Defendants’ motions to dismiss are granted.I. Prior ProceedingsPlaintiff commenced this action on September 8, 2017, alleging that all Defendants violated the First, Fifth, and Fourteenth Amendments of the U.S. Constitution and 42 U.S.C. §§1985 and 1986; and that the City Board violated HAVA, as set forth in the amended complaint (the “Amended Complaint”), filed on September 22, 2017, and below. See Am. Compl. The State Board

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