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MATTER OF WEISBERG v. LOMENZO

27 N.Y.2d 757 (1970)

In the Matter of David C. Weisberg, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 7, 1970.

Attorney(s) appearing for the Case

David C. Weisberg, appellant in person.

Louis J. Lefkowitz, Attorney-General (Cornelius F. Donahue, Ruth Kessler Toch and Jack W. Hoffman of counsel), for John P. Lomenzo, Secretary of State, respondent.

John Van Voorhis, Serphin R. Maltese and Henry S. Middendorf for James L. Buckley, respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order affirmed, without costs. Section 138 (subd. 5, par. [a]) of the Election Law, requiring 50 signatures from each county on a candidate's nominating petition, offends against the Equal Protection Clause of the Fourteenth Amendment in that it is violative of the one person-one vote principle. Consequently, the courts below were correct in concluding that the nominating petition of the Independent Alliance Party was valid as filed...

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