Piccolo v. New York City Board of Elections

Background

Arthur Piccolo sought an order under Federal Rule of Civil Procedure 65 requiring the New York City Board of Elections to place him on the Democratic primary ballot for the election for New York City mayor. On April 15, 2025, the court issued an order to show cause—an order requiring a party to explain why requested relief should not be granted. The court held a hearing on May 8, 2025.

Ruling on Preliminary Relief

For the reasons discussed on the record during the May 8 hearing, the court denied Piccolo’s application for a preliminary injunction. The written opinion does not provide those reasons.

Directions Concerning the Case

The Board was directed to obtain a copy of the hearing transcript and provide it to Piccolo. If Piccolo wishes to continue the litigation, he must serve a notice on the New York Attorney General identifying the constitutional question presented by his challenge to New York statutes, as required by Federal Rule of Civil Procedure 5.1(a). Because Piccolo is proceeding without paying the filing fee, he may file his proposed notice with the court, which will direct the U.S. Marshals Service to serve it for him. The proposed notice was due no later than May 15, 2025.

The court also stayed discovery—information gathering between the parties—until the notice is served on the New York Attorney General and the Board files an answer or another response to the complaint.

Appeal and Clerk’s Directions

Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the order would not be taken in good faith and denied Piccolo permission to proceed without paying fees for an appeal. The Clerk of Court was directed to terminate the motions pending at Docket Nos. 10 and 21.