Another lawsuit against DNC and NYSDC? by JEFF KURZON about Superdelegates (HRC GP)

[Her Sister]

1. ...

NATURE OF THE ACTION
1. This is an action based upon the right of every human being to freely associate. “The
most natural privilege of man, next to the right of acting for himself, is that of combining his
[energy, ideas and dreams] with those of his fellow creatures and of acting in common with
them.” DE TOCQUEVILLE, DEMOCRACY IN AMERICA 196 (1963). The desire to join with
others to accomplish goals has been recognized for almost 150 years, as evidenced in the works
of de Tocqueville.
2. For more than three decades, courts have recognized a right to associate freely with
others in pursuit of a wide variety of political, social, economic, educational, religious, and
cultural objectives. See Roberts v. United States Jaycees, 468 U.S. 609 (1984); Daniel v. Paul,
395 U.S. 298 (1969); NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958); Douglas, The
Right of Association, 63 COLUM. L. REV. 1361, 1361 (1963) ("The right of association is
closely related to the right to believe as one chooses and to the right of privacy in those
beliefs.&quot . See generally The Civil Rights Cases, 109 U.S. 3, 59 (1883) (Harlan, J., dissenting)
(Justice Harlan proclaimed that "[n]o government has ever brought, or ever can bring, its people
into social intercourse against their wishes.&quot .
JURISDICTION AND VENUE
3. Under 28 U.S.C. § 1331, the issues concerned in this case constitute federal questions
under the United States Constitution and federal law. To wit, defendants have violated the rights
PRELIMINARY
INJUCTION
REQUESTED
1:16-cv-04114
Non-Conformed Copy
of plaintiff to freely associate with other members of his chosen political Party by establishing,
and promoting, the “unpledged delegate” rule which directly violates the spirit, and language, of
the rest of the Democratic National Committee Charter.
4. Plaintiff acknowledges, and appreciates, the right of political party’s to establish their
own rules. Plaintiff fully supports the right of the Democratic Party to govern its own activities.
5. However, as will be shown in the “Statement of Claim” section, the “unpledged delegate”
rule violates the rights of its own members to freely associate as the rule is in contrast with the
foundations upon which the Democratic Party was founded and the very reason why Plaintiff,
who is similarly situated to millions of other members of the Democratic Party, joined the Party
in the first place.
6. Defendants have acted under color of state action.
7. The delegate selection process of the New York State Democratic Party is coordinated
utilizing public funds and the Democratic National Convention receives funding from the federal
government.
8. The courts, pursuant to Brentwood Academy v. Tennessee Secondary School Athletic
Association, 531 U.S. 288, 291 (2001) have consistently found a private organization’s acts
constitute state action when the organization performed a public function; was created, coerced,
or encouraged by the government; or acted in a symbiotic relationship with the government.
9. Thus, Plaintiff’s right to freely associate in this context is protected under the United
States Constitution and the federal laws flowing from it, as well as the case law protecting such
rights and, therefore, this lawsuit concerns a federal question and proper venue is laid in federal
court.
10. Venue is properly laid in This Court as the injuries complained of occurred within its
borders.

http://static1.squarespace.com/static/553fe5ade4b09221a1beb7c0/t/5750db4122482e8f9917ef67/1464916801597/SuperDelegate+Lawsuit%2C+Kurzon+v.+DNC.pdf