Ritzer v. Elliott

Willard W. Cass, Jr., J.

This is a proceeding by the petitioner pursuant to article 14 of the Election Law to enjoin respondent’s use of the Democratic emblem of a star in campaign literature, signs, and advertising matter.

The petitioner claims that the respondent’s.use of the star, which is the Democratic emblem, in political advertising is calculated to deceive, mislead, confuse, and defraud the voters of -Chautauqua County who normally vote under the emblem of the Democratic Party.

Petitioner is the chairman of the Democratic Party in Chautauqua County. Respondent was the chairman of the…