Spencer v. Board of Education

The petitioner has brought an article 78 proceeding to set aside the action of the Board of Education as being arbitrary and capricious and upon the further ground that the respondent’s action in locking petitioner’s name off the ballot violated the petitioner’s constitutional rights under the due process clause of the Fourteenth Amendment and that further the same violated the petitioner’s constitutional rights under the Twenty-Sixth Amendment of the United States Constitution.

*1092The facts are not disputed. The petitioner, Susan Spencer, is 18 years of age. It appears that the petitioner, Susan…