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MATTER OF INDEPENDENCE PARTY STATE COMMITTEE v. NEW YORK STATE BOARD OF ELECTIONS

297 A.D.2d 459 (2002)

746 N.Y.S.2d 330

In the Matter of INDEPENDENCE PARTY STATE COMMITTEE et al., Respondents, v. NEW YORK STATE BOARD OF ELECTIONS et al., Respondents, and ALAN HEVESI, Appellant.

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

Decided August 22, 2002.

Per Curiam.

This appeal involves the interplay between Election Law § 6-104 (2) and § 6-120 (3), commonly known as the Wilson-Pakula Law, as they relate to a political party's designation of a candidate for statewide office who is not an enrolled member of that party. Under Election Law § 6-104 (2), all of those receiving 25% or more of the vote cast on any ballot of the party's State Committee shall have the right to make written demand to respondent...

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