Summary
In Hunting, not only were 20% of the signatures in the invalidated petition those of out-of-district signatories, but in Hunting, approximately 20% (or at least 210 signatures) were forgeries. Significantly, in Hunting the number of valid signatures to support any candidate was lacking.
Summary of this case from Matter of Harden v. Board of ElectionsOpinion
Argued June 15, 1967
Decided June 15, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
Michael J. McNulty, Richard L. Aronstein, Robert K. Ciulla and R. Andrew Boose for petitioner-appellant.
James J. Leff for respondents-appellants.
Order affirmed, without costs, in a memorandum. The evident purpose of section 149 of the Election Law is to dispense with primary balloting when there is a candidate or slate without opposition. Because of the failure of the only pending designation, the court was empowered under section 330 of the Election Law to make an appropriate order as justice required, namely, to direct the board of elections to provide blank ballots in the pending primary, the intention having been manifested to nominate some candidate.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, KEATING and BREITEL.
The statute (Election Law, § 148) lays down specific conditions under which the opportunity to write in the name of a candidate in a primary election is afforded. Concededly, those conditions are not met in this case, and the order is thus without statutory support.