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Valenti v. Rockefeller

U.S.
Jan 20, 1969
393 U.S. 405 (1969)
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Summary

upholding authority of Governor of New York to appoint person to fill vacancy in United States Senate until next regularly scheduled congressional election against challenge brought under the Seventeenth Amendment

Summary of this case from Donatelli v. Mitchell
See 5 Summaries

Opinion

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK.

No. 773.

Decided January 20, 1969.

292 F. Supp. 851, affirmed.

John Manning Regan for appellant.

Louis J. Lefkowitz, Attorney General of New York, Ruth Kessler Toch, Solicitor General, and Jean M. Coon, Assistant Attorney General, for appellees.

PER CURIAM.

The motion to affirm is granted and the judgment is affirmed.

Summaries of

Valenti v. Rockefeller

U.S.
Jan 20, 1969
393 U.S. 405 (1969)

upholding authority of Governor of New York to appoint person to fill vacancy in United States Senate until next regularly scheduled congressional election against challenge brought under the Seventeenth Amendment

Summary of this case from Donatelli v. Mitchell

upholding power of New York's Governor to fill vacant U.S. Senate seat by appointment until the next election in 29 months

Summary of this case from Monserrate v. New York State Senate

In Valenti v. Rockefeller, 393 U.S. 405 (1969), the Court sustained the authority of the Governor of New York to fill a vacancy in the United States Senate by appointment pending the next regularly scheduled congressional election — in that case, a period of over 29 months.

Summary of this case from Rodriguez v. Popular Democratic Party

In Valenti, the vacancy was created by the death of Senator Robert F. Kennedy on June 6, 1968. Under New York law, since the vacancy arose less than 60 days prior to New York's regular spring primary in an even-numbered year, an election to fill the vacancy would not be held until the general election in the next even-numbered year, i. e., November 1970. The Governor was empowered to make an interim appointment, effective until December 1, 1970.

Summary of this case from Rodriguez v. Popular Democratic Party

In Valenti, the appointee would have held office for over twenty-nine months because the statute at issue required Senatorial vacancy elections to be held at the November election in even-numbered years.

Summary of this case from Lynch v. Illinois State Bd. of Elections
Case details for

Valenti v. Rockefeller

Case Details

Full title:VALENTI v . ROCKEFELLER, GOVERNOR OF NEW YORK, ET AL

Court:U.S.

Date published: Jan 20, 1969

Citations

393 U.S. 405 (1969)

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