Jones v. Cayuga County Board of Elections

Appellate Division of the Supreme Court of New York

Jones v. Cayuga County Board of Elections

123 A.D.2d 517, 507 N.Y.S.2d 88, 1986 N.Y. App. Div. LEXIS 60271

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 26, 1986

StatusPublished

Cited by2 cases

This text of 123 A.D.2d 517 (Jones v. Cayuga County Board of Elections) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jones v. Cayuga County Board of Elections, 123 A.D.2d 517, 507 N.Y.S.2d 88, 1986 N.Y. App. Div. LEXIS 60271 (N.Y. Ct. App. 1986).

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Opinion

Order unanimously affirmed, without costs. Memorandum: A voter who previously signed a designating petition which was subsequently invalidated is not barred from signing an opportunity-to-ballot petition (Matter of Lobaito v Molinaro, 45 AD2d 940; Matter of Lawrence v Board of Elections, 31 Misc 2d 330; cf. Matter of Simon v Power, 50 Misc 2d 761, revd on other grounds 26 AD2d 531, revd on other grounds 17 NY2d 924; Matter of Gilmore v Kugler, 21 AD2d 293). A contrary holding would deprive persons who signed a designating petition later held invalid from exercising the separate right given to them by the Election Law to request the opportunity to write in the name of a candidate of their choice (Matter of Lawrence v Board of Elections, supra, p 332). We find petitioner’s other arguments to be without merit. (Appeal from order of Supreme Court, Cayuga County, Corning, J.—Election Law.)

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Order unanimously affirmed, without costs. Memorandum: A voter who previously signed a designating petition which was subsequently invalidated is not barred from signing an opportunity-to-ballot petition (Matter of Lobaito v Molinaro, 45 AD2d 940; Matter of Lawrence v Board of Elections, 31 Misc 2d 330; cf. Matter of Simon v Power, 50 Misc 2d 761, revd on other grounds 26 AD2d 531, revd on other grounds 17 NY2d 924; Matter of Gilmore v Kugler, 21 AD2d 293). A contrary holding would deprive persons who signed a designating petition later held invalid from exercising the separate right given to them by the Election Law to request the opportunity to write in the name of a candidate of their choice (Matter of Lawrence v Board of Elections, supra, p 332). We find petitioner’s other arguments to be without merit. (Appeal from order of Supreme Court, Cayuga County, Corning, J.—Election Law.)

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Bluebook (online)

123 A.D.2d 517, 507 N.Y.S.2d 88, 1986 N.Y. App. Div. LEXIS 60271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-cayuga-county-board-of-elections-nyappdiv-1986.

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