UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

August Term 2022

(Argued: Wednesday May 10, 2023 Decided: July 3, 2024)

Nos. 21-2518, 21-2557

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UPSTATE JOBS PARTY, MARTIN BABINEC, JOHN BULLIS,

Plaintiffs-Appellees-Cross-Appellants,

-v.-

PETER S. KOSINSKI, NEW YORK STATE BOARD OF ELECTIONS CO-CHAIR COMMISSIONER, IN HIS OFFICIAL CAPACITY, HENRY T. BERGER, NEW YORK STATE BOARD OF ELECTIONS CO-CHAIR COMMISSIONER, IN HIS OFFICIAL CAPACITY, ESSMA BAGNUOLA, NEW YORK STATE BOARD OF ELECTIONS COMMISSIONER, IN HER OFFICIAL CAPACITY, ANTHONY J. CASALE, NEW YORK STATE BOARD OF ELECTIONS COMMISSIONER, IN HIS OFFICIAL CAPACITY,

Defendants-Appellants-Cross-Appellees. *

–––––––––––––––––––––––––––––––––––– Before: LIVINGSTON, Chief Judge, RAGGI, and NAR