In re Merrill

Section 3 of article II of the Constitution of the state of New York provides that: “ For the purpose of voting, no person shall be deemed to have gained or lost a residence * * * while kept at any * * * institution wholly or partly supported at public expense or by charity.” This is supplemented by section 163 of the Election Law, known as chapter 22 of the Laws of 1909, which is identical with the language above quoted, adding, however, a clause as to registration.

It is claimed on the part of the petitioner that these respondents are all inmates of the Home for Aged Men and Couples in the…