Ingersoll v. Curran

The proceeding is in the nature of mandamus. The petitioner asserts that the Wilson-Pakula Law (L. 1947, ch. 432) is unconstitutional and seeks to compel the respondent, the Secretary of State, to discharge his official duties, as though it had not been enacted. The allegations of fact in the petition are accepted as true as no answer has been interposed and the respondent moves to dismiss the petition.

While the petition states that the petitioner is not an enrolled member of the Democratic Party, the petition has been amended to allege specifically that he is an enrolled member of the…