Bengert v. Board of Elections of the County of Chenango

This is a proceeding to compel the election commissioners to enroll George W. Bengert as a member of the Republican party in the city of Norwich, etc. The procedure is not questioned and the proceeding is one of several somewhat similar problems involving similar questions before the election board. This is an actual case, although the attorneys have asked me to construe the law so that some fifty other cases of somewhat similar character can be classified under the ruling made in this case. To that extent it is a test case.

The section to be construed is section 173 of the Election Law which…