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SOCIALIST WORKERS PARTY v. ROCKEFELLER

Nos. 70 Civ. 1374, 1642.

314 F.Supp. 984 (1970)

SOCIALIST WORKERS PARTY, Clifton DeBerry, Kipp Dawson, Jon Rothschild, Miguel Padilla, Ruthann Miller, Hedda Garza, Michael Arnall and Jack Wood, Plaintiffs, v. Nelson A. ROCKEFELLER, Governor of the State of New York, John P. Lomenzo, Secretary of State of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, Defendants. SOCIALIST LABOR PARTY OF AMERICA, an independent political association, John Emanuel, Walter Steinhilber, Stephen Emery, Bernard Reitzes, Israel Feinberg, Doris Ballantyne, Freedom & Peace Party of New York State, an independent political association, Karl Bernard, Nathan Solomon, Andrew Talbutt, David Dubnau, Jeanne Dubnau, Marjorie Thalheimer, on behalf of each and on behalf of all other independent political associations in the State of New York wishing to submit candidates for election to public office, and their respective supporters, including, without being limited to, Communist Party (U.S.A.), Peace & Freedom Party, National Renaissance Party, and Socialist Worker's Party, Plaintiffs, v. Nelson A. ROCKEFELLER, Governor of the State of New York; John P. Lomenzo, Secretary of State of the State of New York; Louis J. Lefkowitz, Attorney General of the State of New York; the Board of Elections of the City of New York, Defendants.

United States District Court, S. D. New York.

Judgment Affirmed October 12, 1970.

Attorney(s) appearing for the Case

Leonard B. Boudin, Rabinowitz, Boudin & Standard, New York City, for Socialist Workers Party, and others, plaintiffs; David M. Rosenberg, Dorian Bowman, New York Civil Liberties Union, Burt Neuborne, David Dretzin, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants; Samuel A. Hirshowitz, First Asst. Atty. Gen., Charles A. LaTorella, Robert S. Hammer, Asst. Attys. Gen., of counsel.

Before FEINBERG, Circuit Judge, and PALMIERI and TENNEY, District Judges.

Judgment Affirmed October 12, 1970. See 91 S.Ct. 65.

OPINION

TENNEY, District Judge.

The above two captioned suits, consolidated without opposition by order of the district court dated May 11, 1970, and submitted to a statutory three-judge court by orders of Chief Judge J. Edward Lumbard of the Court of Appeals dated May 4, and 14, 1970, place in issue the constitutionality of various sections of the New York State Election Law (McKinney's 1964)...

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