Simon v. Power

Rabin, J. (dissenting).

I dissent and vote to affirm the decision of Special

Term. It appears from the stipulation entered into at Special Term, that the appellants who seek an opportunity to write in the names of a candidate in the congressional primaries for the districts involved, in reality, support a candidate who already has a valid designating petition officially filed for that office, and whose name will appear on election day as the candidate for Congress under the emblem of the Democratic party in their respective districts. Each such designated candidate is unopposed. The petitions…