Farrell v. Morrissey

Martoche and Smith, JJ.

(dissenting). We respectfully dissent. Petitioner commenced this proceeding to cancel the enrollments of respondents in the Cayuga County Independence Party (Party). Petitioner alleges that respondents, all of whom enrolled in the Party within the last 15 months, are not in sympathy with the principles of the Party, but are “raiding” it to gain control of it on behalf of the Republican Party. “Election Law § 16-110 (2) assigns the task of determining whether a voter ‘is ... in sympathy with the principles’ of his or her political party to a leader of that party — the…