Gigante v. Board of Elections

Petitioner, a Boman Catholic priest, is an announced candidate in the June 23, 1970 primary election of the Democratic Party for the nomination for the office of Member of Congress from the 21st Congressional District. The Election Law (■§ 137, subd. 1) provides that a candidate in a primary election must be a duly enrolled member of the party whose nomination he seeks at the time he files his petitions.

In 1963, petitioner registered as a voter in the 33rd Election District, 77th Assembly District, Bronx County, where his parish house was located. However, neither at the time of his original…