Legal Opinion

Untitled New York Attorney General Opinion

New York Attorney General Reports

Decided November 30, 2021No. 2021-2Published

1Opinion of the Court

Village Law §§ 3-301(4) and 3-312(5); Election Law §§ 9-112(3), (4), (6) and 6-122 A ballot that contains two votes for the same person for incompatible offices, one printed and one written in, should be counted as a blank vote for both of those offices. November 23, 2021 Joseph W. Prokop Informal Opinion Village Attorney No. 2021-2 Village of Saltaire 225 Broadhollow Road Suite 301E Melville, New York 11747 Dear Mr. Prokop: You have requested an opinion relating to the counting of an election ballot when a voter has selected the same person for two incompatible offices, one where the…

2Cases cited6 opinions

  1. Misch v. RussellIllinois Supreme Court · 1891
  2. Burns v. WiltseNew York Court of Appeals · 1951
  3. Keane v. SmithCalifornia Supreme Court · 1971
  4. Lawrence v. SpelmanAppellate Division of the Supreme Court of the State of New York · 1999
  5. Bennett v. Board of ElectionsNew York Supreme Court · 1957

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