Leaks v. Bd. of Elections, 447 N.E.2d 42 (NY 1983). · Go Syfert
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Leaks v. Bd. of Elections, 447 N.E.2d 42 (NY 1983). Cases Citing This Book View Copy Cite
10 citation events across 1 distinct court.
Strongest positive: M. Janice Ayers-Schaffner v. Joseph R. Distefano (ca1, 1994-09-30)
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited "see" M. Janice Ayers-Schaffner v. Joseph R. Distefano (4×) also: Cited "see, e.g."
1st Cir. · 1994 · signal: see · confidence high
See id. 13 The judgment of the district court is therefore AFFIRMED. 1 .We issued an order affirming the district court's judgment immediately after oral argument in this case on September 16, 1994, notifying the parties that an opinion would follow. 2 .
examined Cited "see, e.g." Ayers-Schaffner v. DiStefano (3×)
1st Cir. · 1994 · signal: see also · confidence low
See also Griffin v. Burns, 431 F. Supp. 1361 (D.R.I. 1977), ___ ____ _______ _____ aff'd, 570 F.2d 1065 (1st Cir. 1978).12 _____ It bears repeating that "[t]he right to vote is one of the most important and cherished constitutional rights," Leaks v. _____ Board of Elections of the City of New York, 58 N.Y.2d 882, 883 , ___________________________________________ 447 N.E.2d 42, 43 , 460 N.Y.S.2d 494, 495 (1983).
examined Cited "see, e.g." Ayers-Schaffner v. DiStefano (3×)
1st Cir. · 1994 · signal: see also · confidence low
See also Griffin v. Burns, 431 F. Supp. 1361 (D.R.I. 1977), aff'd, 570 F.2d 1065 (1st Cir. 1978).12 It bears repeating that "[t]he right to vote is one of the most important and cherished constitutional rights," Leaks v. Board of Elections of the City of New York, 58 N.Y.2d 882, 883 , 447 N.E.2d 42, 43 , 460 N.Y.S.2d 494, 495 (1983).
Retrieving the full opinion text from the archive…
Sylvester Leaks
v.
Board of Elections of the City of New York
New York Court of Appeals.
Feb 11, 1983.
447 N.E.2d 42
APPEARANCES OF COUNSEL, H. Spencer Kupperman for appellant., Frederick A. O. Schwarz, Jr., Corporation Counsel (James F. X. Hiler of counsel), for respondent.
Cited by 3 opinions  |  Published

[*883] OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and judgment granted declaring that at the special election to be held on February 15,1983 all persons who are then registered to vote in the 43rd Assembly District and who are then enrolled members of the Democratic Party are entitled to vote, and directing respondent Board of Elections of the City of New York to permit such voters to participate in the special election.

During the primary election on September 23, 1982, appellant and three others were candidates for the position of Male Member of the Democratic State Committee in the 43rd Assembly District. Thereafter, in another proceeding, appellant successfully challenged the election’s validity and obtained an order directing respondent here to hold a new election (see Matter of Leaks v Rosenfeld, 91 AD2d 685).

On January 26, 1983, respondent informed the candidates that the election, set for February 15,1983, would be limited only to voters eligible to participate in the September election in accordance with respondent’s long-standing practice. Appellant commenced an article 78 proceeding, which was deemed by Supreme Court to be an action for declaratory judgment. The court sustained the determination of the respondent and the Appellate Division affirmed.

The right to vote is one of the most important and cherished constitutional rights. Persons registered and otherwise currently eligible to vote for the party office involved should not be declared ineligible merely because an earlier election was held to be tainted (cf. Matter of Doherty v Mahoney, 42 NY2d 1069, 1071-1072). In brief, present voting status is the most appropriate yardstick for eligibility.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order reversed, without costs, and judgment granted in accordance with the memorandum herein.