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VAN ALLEN v. DEMOCRATIC COMM.

1 Misc.3d 734 (2003)

771 N.Y.S.2d 285

H. WILLIAM VAN ALLEN et al., Plaintiffs, v. DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK et al., Defendants.

Supreme Court, Albany County.

August 25, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Joel Graber of counsel), in his statutory capacity under Executive Law § 71. Patricia L. Murray, Albany, for New York State Board of Elections and others, defendants.

Christopher Grimaldi, Albany, for New York State Republican Committee, defendant.

Harry Kresky, New York City, for New York State Committee of the Independence Party, defendant.

H. William Van Allen, plaintiff pro se.

Christopher Earl Strunk, plaintiff pro se.

OPINION OF THE COURT

THOMAS J. McNAMARA, J.

Plaintiffs instituted this declaratory judgment action to challenge the constitutionality of two provisions of the Election Law. The first provision, Election Law § 8-302 (4), requires a person seeking to vote in a primary election of a political party be enrolled in that political party. The other provision, Election Law § 8-308 (2), prohibits a voter from...

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