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MATTER OF INDEPENDENCE PARTY OF NEW YORK v. BD. OF ELECTIONS IN THE CITY OF NEW YORK

213 A.D.2d 209 (1995)

624 N.Y.S.2d 4

In the Matter of Independence Party of New York et al., Appellants, v. Board of Elections in the City of New York et al., Respondents, and Nelson A. Denis et al., Respondents In the Matter of Nelson A. Denis et al., Respondents, v. Vincent J. Velella et al., Respondents, and Francisco Diaz, Jr., et al., Appellants In the Matter of Nelson A. Denis et al., Respondents, v. Vincent J. Velella et al., Respondents, and Francisco Diaz, Jr., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 9, 1995

We find Election Law § 6-128 (4), which recognizes as the only identifiable body of individuals affiliated with a new party its slate of Statewide candidates and grants to a majority of that body the authority to adopt and certify rules, to be constitutional, facially and as well as applied herein. Therefore, we reverse the IAS Court which found the statute to be unconstitutional and reinstate the determination of the Board of Elections in the City of New York invalidating...

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