Jaquith v. Simon

• Decision Date: 30 August 1962
• Citation: 12 N.Y.2d 660,185 N.E.2d 13,232 N.Y.S.2d 37
• Parties: , 185 N.E.2d 13 Application of David H. JAQUITH et al., etc., Appellants, v. Caroline SIMON, Secretary of State of the State of New York, Respondent, for an Order, etc.
• Court: New York Court of Appeals Court of Appeals

Page 37

232 N.Y.S.2d 37

12 N.Y.2d 660, 185 N.E.2d 13

Application of David H. JAQUITH et al., etc., Appellants, v. Caroline SIMON, Secretary of State of the State of New York, Respondent, for an Order, etc.

Court of Appeals of New York.

Aug. 30, 1962.

Appeal from Supreme Court, Special Term, Albany County, 35 Misc.2d 508, 231 N.Y.S.2d 735.

A proceeding was brought under the Civil Practice Act, § 1283 et seq., for an order directing the Secretary of State to accept for filing the independent nominating petitions of candidates for offices to be filled by state-wide voting if the independent nominating petitions were in proper form and contained requisite number of signatures, regardless of whether the petitions were signed by at least 50 voters in each county of the State as required by the Election Law, Consol.Laws, c. 17, § 138, subd. 5, par. (a).

The Supreme Court, Special Term, Albany County, Lawrence H. Cooke, J., rendered an order dismissing the petition and held that the requirement that independent nominating petitions be signed by at least 50 voters in each county of the State was a rational and reasonable attempt to assure a proper diffusion of political initiative and to guard against an unwieldy or unreasonable number of candidates or a confusing ballot.

The petitioners appealed to the Court of Appeals.

Order affirmed upon the opinion of Cooke, J., at Special Term, without costs.

All concur except FULD, J., taking no part.