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MATTER OF GRAZIANO v. DONOHUE

33 A.D.2d 578 (1969)

In the Matter of John Graziano, Sr., et al., Respondents, v. Thomas F. Donohue et al., Constituting The Board of Elections of the County of Albany, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 7, 1969

MEMORANDUM BY THE COURT.

The question raised in this case is whether the recent amendment (L. 1969, ch. 675, eff. May 21, 1969) of subdivision 6 of section 138 of the Election Law bars persons who signed a designating petition for a candidate in a primary election (but who did not vote in such primary election) from signing an independent nominating petition. Prior to the 1969 amendment, subdivision 6 of section 138 provided that the name of a person signing an independent...

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