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UNITY PARTY v. WALLACE

No. 770, Docket 82-7804.

707 F.2d 59 (1983)

UNITY PARTY; Roosevelt Rhodes; Zachary Rogow; Susan Radash; Waverly Howard; Ronald R. Winley; Bruce Bernstein; Hakim Sabir; Casey Scott Roberts; and Erica Karan, Plaintiffs-Appellants, v. Thomas W. WALLACE; George D. Salerno; R. Wells Stout; Donald Rettaliata; William H. McKeon; New York State Board of Elections; Martin Richards; Betty Dolen; and Robert V. Kelly, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 10, 1983.

Attorney(s) appearing for the Case

Arthur N. Eisenberg, New York City (New York Civil Liberties Union, Craig Kaplan, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, National Emergency Civil Liberties Committee, New York City, of counsel), for plaintiffs-appellants.

Thomas P. Zolezzi, Albany, N.Y., for defendants-appellees.

Before MOORE, CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

We are asked to decide the constitutionality of section 6-146(1) of the New York Election Law. This statute provides that a person nominated for public office by an independent body "shall, in a certificate signed and acknowledged by him, and filed as provided in this article, accept the nomination as a candidate of . . . such . . . independent body . . . otherwise [the nomination] shall be null and void." N.Y. Elec.Law §...

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