Van Wie v. Pataki

• Decision Date: 01 August 2000
• Docket Number: DEFENDANTS-APPELLEES,PLAINTIFFS-APPELLANTS,Docket No. 00-7379
• Citation: 267 F.3d 109
• Parties: (2nd Cir. 2001) WENDY VAN WIE, LLOYD F. WRIGHT,, v. GEORGE PATAKI, GOVERNOR OF THE STATE OF NEW YORK; WILLIAM POWERS, CHAIRMAN, NEW YORK REPUBLICAN STATE COMMITTEE; JUDITH HOPE, CHAIRMAN OF THE N.Y.S. DEMOCRATIC COMMITTEE; NEW YORK STATE BOARD OF ELECTIONS; NEIL W. KELLEHER, COMMISSIONER, NEW YORK STATE BOARD OF ELECTIONS; CAROL BERMAN, COMMISSIONER, NEW YORK STATE BOARD OF ELECTIONS; EVELYN J. AQUILA; HELENA MOSES DONOHUE, COMMISSIONER, NEW YORK STATE BOARD OF ELECTIONS; COLUMBIA COUNTY BOARD OF ELECTIONS; THOMAS FISHER, COMMISSIONER OF COLUMBIA COUNTY BOARD OF ELECTIONS; JOSEPH FINN, COMMISSIONER OF COLUMBIA COUNTY BOARD OF ELECTIONS; DUTCHESS COUNTY BOARD OF ELECTIONS; WILLIAM PAROLI, SR., COMMISSIONER OF ELECTION OR HIS SUCCESSOR; WILLIAM J. EGAN, COMMISSIONER OF ELECTION,
• Court: U.S. Court of Appeals — Second Circuit

Page 109

267 F.3d 109 (2nd Cir. 2001)

WENDY VAN WIE, LLOYD F. WRIGHT, PLAINTIFFS-APPELLANTS, v. GEORGE PATAKI, GOVERNOR OF THE STATE OF NEW YORK; WILLIAM POWERS, CHAIRMAN, NEW YORK REPUBLICAN STATE COMMITTEE; JUDITH HOPE, CHAIRMAN OF THE N.Y.S. DEMOCRATIC COMMITTEE; NEW YORK STATE BOARD OF ELECTIONS; NEIL W. KELLEHER, COMMISSIONER, NEW YORK STATE BOARD OF ELECTIONS; CAROL BERMAN, COMMISSIONER, NEW YORK STATE BOARD OF ELECTIONS; EVELYN J. AQUILA; HELENA MOSES DONOHUE, COMMISSIONER, NEW YORK STATE BOARD OF ELECTIONS; COLUMBIA COUNTY BOARD OF ELECTIONS; THOMAS FISHER, COMMISSIONER OF COLUMBIA COUNTY BOARD OF ELECTIONS; JOSEPH FINN, COMMISSIONER OF COLUMBIA COUNTY BOARD OF ELECTIONS; DUTCHESS COUNTY BOARD OF ELECTIONS; WILLIAM PAROLI, SR., COMMISSIONER OF ELECTION OR HIS SUCCESSOR; WILLIAM J. EGAN, COMMISSIONER OF ELECTION, DEFENDANTS-APPELLEES.

Docket No. 00-7379

August Term, 2000

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

Argued: January 23, 2001

Decided October 4, 2001

Appeal from the judgment of the United States District Court for the Northern District of New York (David N. Hurd, Judge), entered March 1, 2000, dismissing appellants' complaint under 42 U.S.C. § 1983 and thereby rejecting appellants' challenge to New York Election Law sections 5-210 and 5-304 under the Equal Protection Clause of the Fourteenth Amendment. See Van Wie v. Pataki, 87 F. Supp. 2d 148, 153 (N.D.N.Y. 2000).

APPEAL DISMISSED; JUDGMENT VACATED and REMANDED.

Madeline Sheila Galvin, Galvin & Morgan, Delmar, New York, for Plaintiffs-Appellants.

Julie Sheridan, Office of the Attorney General of the State of New York, Albany, New York (Eliot Spitzer, Attorney General of the State of New York, Denise A. Hartman, Assistant Solicitor General, Daniel Smirlock, Deputy Solicitor General, Peter H. Schiff, Senior Counsel, on the brief), for Defendant-Appellee George Pataki.

Richard L. Burstein, Fernandez, Burstein & Tuczinski, Albany, New York, filed a brief for Defendants-Appellees Columbia County Board of Elections, Thomas Fisher, and Joseph Finn.

Before: Walker, Chief Judge; Parker and Katzmann, Circuit Judges.

Parker, Circuit Judge

Wendy Van Wie and Lloyd F. Wright appeal from a judgment of the United States District Court for the Northern District of New York (David N. Hurd, Judge), entered March 1, 2000, dismissing their complaint brought pursuant to 42 U.S.C. § 1983. See Van Wie v. Pataki, 87 F. Supp. 2d 148 (N.D.N.Y. 2000). The appellants, both registered voters who are not enrolled in a political party, sought to vote in the March 7, 2000 presidential primary election in New York State, but were prevented from participating by the appellees' application of New York Election Law sections 5-210 and 5-304 (McKinney 1998). The appellants assert that appellees' application of these sections of New York Election Law violates the Equal Protection Clause of the Fourteenth Amendment, Article I, § 4 of the United States Constitution, the First Amendment Freedom of Association Clause, and various provisions of New York State Law, by treating registered non- enrolled voters differently from nonregistered voters. The district court rejected the appellants' claim after concluding that no constitutional violation had occurred and dismissed appellants' complaint in its entirety. See Van Wie, 87 F. Supp. 2d at 153. On appeal, the appellants challenge this conclusion.

Noting that the March 7, 2000 primary had passed, this Court ordered the parties to submit additional briefing regarding whether the appeal should be dismissed, or if the matter falls within the exception to the mootness doctrine for cases capable of repetition yet evading review.

For the reasons set forth below, we dismiss the appeal as moot, vacate the judgment of the district court and remand with directions to dismiss the action.

I. BACKGROUND

The appellants are both registered voters in the State of New York who, at the time of registration, declined to enroll in a political party. In February 2000, the United States District Court for the Eastern District of New York (Korman, J.) issued its decision in Molinari v. Powers, 82 F. Supp. 2d 57 (E.D.N.Y. 2000), which resulted in placing the names of certain presidential candidates on the ballots in the March 7, 2000 Republican Primary Election. Following the Molinari decision, both Van Wie and Wright contacted their respective Boards of Election, seeking to enroll in a political party and to vote in the March 2000 primary election. Van Wie and Wright were informed that their party enrollment would not become effective until after the November 2000 general election, and, therefore, they remained ineligible to vote in the March 2000 primary. In response to Van Wie's inquiry, the New York State Board of Elections ("the Board") explained its position regarding the effective date of changes of enrollment. The Board invoked New York Election Law section 5-304, which, according to the Board's interpretation, provides that a change of party enrollment by either a registered enrolled voter or a registered non-enrolled voter must be filed twenty-five days before the general election to be effective for the primary election the following year. See N.Y. Elec. Law § 5- 304(2), (3).¹ Individuals who are not registered to vote, however, may participate in a primary election as long as they register to vote and enroll in a party twenty-five days before that primary election. See N.Y. Elec. Law § 5-210(1), (3).²

On February 22, 2000, the appellants filed a complaint pursuant to 42 U.S.C. § 1983, principally alleging that the appellees' application of New York Election Law sections 5-210 and 5-304 violated the Equal Protection Clause of the Fourteenth Amendment because registered nonenrolled voters are treated differently from nonregistered individuals. The appellants sought preliminary relief, including an injunction and a temporary restraining order, which would allow them to vote in the March 7, 2000 primary election, as well as a declaration that the challenged sections of the New York State Election Law violated their constitutional rights. No request for money damages, nominal or otherwise, was made. The New York State Board of Elections moved to dismiss the complaint under, inter alia, Federal Rule of Civil Procedure 12(b)(6). Defendants George Pataki, Governor of the State of New York, and William Powers, Chairman of the New York State Republican Committee, filed oppositions to the appellants' request for preliminary injunctive relief.

The district court held a hearing on February 29, 2000 to evaluate the appellants' motion for a preliminary injunction. The district court issued its opinion that same day, and declined to award any injunctive relief and dismissed the appellants' complaint in its entirety. See Van Wie, 87 F. Supp. 2d at 153.³ Applying strict scrutiny analysis, the court concluded that the challenged provisions of the New York State Election Law were narrowly tailored to a compelling state interest. See id. at 153-53. Specifically, the district court found that New York's scheme sought to encourage nonregistered voters to participate in the election process, a compelling state interest, and that section 5-210 is narrowly tailored to further this interest. See id. The district court noted that providing a shorter waiting period for new registrants does not unduly burden the requirements placed on registered voters wishing to change enrollment. See id. at 152-53. Judgment was entered for the defendants, and Van Wie and Wright filed a timely notice of appeal.

II. DISCUSSION

After receiving the parties' appellate briefs, this Court issued an order which stated, in part, "It appears that, the primary election having occurred, this appeal may be moot." Van Wie v. Pataki, No. 00- 7379 (2d Cir. Jan. 9, 2001) (ordering parties to submit additional briefing on the question of mootness). The Court directed the appellants to address whether they had a reasonable expectation that they would be prevented from voting in a future primary election by the application of New York Election Law "either because of an imminent switch in party enrollment or otherwise, so as to constitute a `controversy capable of repetition, yet evading review.'" Id. (quoting Lerman v. Bd. of Elections, 232 F.3d 135, 141 (2d Cir. 2000)).

In their supplemental brief, the appellants contend that this appeal is not moot and that, even if the matter is moot, it is capable of repetition yet evading review. They argue that they will face the same situation "if and when" they again attempt to enroll in a political party for the purpose of voting in a primary election. The appellants point out that primary candidates are not identified in New York until after the party enrollment period has passed. They argue that, as a result, they will continue to face the same situation, because they will be unable to determine which party they wish to join until after primary candidates have been announced. At oral argument, appellants' counsel stated that Van Wie intended to return to registered non-enrolled status, and that she may try to participate in a primary election in the future. Apparently, Wright remains non-enrolled, because his change of party enrollment was not received by the Board of Elections twenty-five days before the November 2000 general election. Governor Pataki responds that the appellants have not shown a "reasonable expectation" or a "demonstrated probability" that they will make an imminent switch in political parties.

The mootness doctrine is derived from Article III of the Constitution, which provides that federal courts may decide only live cases or controversies. Irish Lesbian and Gay Org. v. Giuliani, 143 F.3d 638, 647 (2d Cir. 1998). "This case-or controversy requirement subsists through all stages of federal judicial proceedings, trial and appellate." Knaust v. City of Kingston, 157 F.3d 86, 88 (2d Cir. 1998), cert. denied, 526...