On August 31, the New York Libertarian candidates for statewide office filed this brief in the State Supreme Court, Appellate Division, in Albany. 535599, Third Department. Sharpe v New York State Board of Elections. The brief argues that the lower state court was wrong to uphold the exclusion of the slate, both on constitutional grounds, and procedural grounds.

The oral argument is September 9.

Also, the federal New York Libertarian ballot case, which strictly concerns the constitutional argument against the 45,000-signature requirement, will be argued on September 6.