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FIDELL v. BOARD OF ELECTIONS OF CITY OF NEW YORK

No. 71 C 1577.

343 F.Supp. 913 (1972)

Eugene R. FIDELL et al., Plaintiffs, v. The BOARD OF ELECTIONS OF the CITY OF NEW YORK et al., Defendants.

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

Decided June 1, 1972.

Attorney(s) appearing for the Case

David N. Ellenhorn, New York City (Gerald A. Novack, Hannah Waldman, Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, on the brief), for plaintiffs.

J. Kemp Hannon, Deputy County Atty., Nassau County, Mineola, N. Y. (Joseph Jaspan, County Atty., on the brief), for defendant Bd. of Elections of Nassau County.

Robert S. Hammer, Asst. Atty. Gen. of N. Y. (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for defendants Lomenzo and Lefkowitz.

Before HAYS, Circuit Judge, and BRUCHHAUSEN and JUDD, District Judges.

HAYS, Circuit Judge:

Plaintiffs, claiming to represent members of a class, seek a declaratory judgment and an injunction requiring defendants to provide for absentee ballots in the forthcoming primary in the State of New York. While New York permits absentee voting in general elections, see N.Y. Election Law § 117 et seq. (McKinney's Consol.Laws c. 17, 1964 and Supp.1971), it does not do so for primaries. Plaintiffs allege that they and other members of their...

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