RYAN v. BD. OF ELECTIONS


53 N.Y.2d 515 (1981)

In the Matter of Dorothy Ryan, Respondent, v. Board of Elections of the City of New York, Respondent, and Carol Reichman et al., Appellants. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided September 3, 1981.


Attorney(s) appearing for the Case

Henry T. Berger for appellants.

Harry R. Pollak for Dorothy Ryan, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.


Per Curiam.

The requirement of subdivision 2 of section 6-132 of the Election Law that the subscribing witness to a designating petition be "a resident of the political subdivision in which the office or position is to be voted for" is a substantive legislative requirement which may not be relaxed by the courts. The signatures contained on a petition witnessed by a nonresident of the political subdivision involved...

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