1998: The Green Party of New York State qualified for statewide ballot status in November 1998.

The criteria for qualification for statewide ballot status in New York is to receive at least 50,000 votes for Governor. The period of ballot status lasts for four years. Having ballot status also makes it possible to enroll (register) as a member of the ballot status party.

Al Lewis received 52,533 votes for governor in November 1998. These 52,533 votes were sufficient to qualify the Green Party of New York State for statewide ballot status.

2002: The Green Party of New York State lost statewide ballot status in November 2002.

The criteria to retain statewide ballot status in New York is to receive at least 50,000 votes for Governor.

Stanley Aronowitz received 41,797 votes for governor in November 2002. These 41,797 were not sufficient to re-qualify the Green Party of New York State for statewide ballot status. Mary Jo Long received 50,755 votes for Attorney General - also a statewide race - but this did not legally count towards requalifying the Greens.

As of November 1st, 2002 there were 29,528 enrolled Greens in the state of New York.

New York state law dictates that when a party loses its statewide ballot status, the party's enrolled members become unenrolled, independent voters. If a party loses ballot status, it also can't enroll any new members until it achieves ballot status again.

After the November 2002 election, the Green Party of New York State, together with the Brennan Center for Justice, challenged this law. They filed Green Party of N.Y. v Board of Elections, 02-cv-6465 in federal court in Brooklyn. On December 12th, 2002 U.S. District Court Judge John Gleeson, a Clinton appointee, issued a temporary injunction to prevent the state from automatically converting all enrolled Greens to independents.

New York is one of only three states that doesn't even provide a blank line in the "political party" choice area of the voter registration form. The Green Party's argued that by prohibiting people from enrolling in the party of their choice, the State of New York violates the First Amendment's free-association rights and the 14th Amendment's equal-protection clause.

Similar lawsuits against such restrictions have won in Colorado, Oklahoma and New Jersey.

Download the Brennan Center's brief in Green Party of N.Y. v Board of Elections here.