Legal Opinion · Dissent

Esler v. Walters

New York Court of Appeals

Decided June 15, 1982Published

1DissentFuchsbbrg, J.

I would have thought that a cornerstone of democracy is universal suffrage. Antithetical to this belief is a pecuniary or propertied qualification for voting, for it seems obvious that one’s influence in government should bear no relation to such a consideration.

It was in deference to this credo that this court some 10 years ago, in Matter of Wright v Town Bd. of Town of Carlton (33 NY2d 977, affg 41 AD2d 290), a case foursquare with the one before us now, declared a section of the Town Law which, for present purposes, cannot be differentiated from the one whose constitutionality we now…

2Cases cited19 opinions

  1. Reynolds v. SimsSupreme Court of the United States · 1964
  2. Kramer v. Union Free School District No. 15Supreme Court of the United States · 1969
  3. Gray v. SandersSupreme Court of the United States · 1963
  4. People v. HobsonNew York Court of Appeals · 1976
  5. Salyer Land Co. v. Tulare Lake Basin Water Storage DistrictSupreme Court of the United States · 1973

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