Klein v. Power

This is a proceeding for an order pursuant to sections 330 (subd. 3), 242 and 242-a of the Election Law, or, in the alternative, under article 78 of the Civil Practice Act, to compel the Board of Elections to provide for the use of voting machines in the primary election to be held on September 10, 1957. Section 242-a of the Election Law has conferred discretionary power on the board to adopt the use of voting machines at primary elections. The pertinent portion of subdivision 1 of section 242-a reads as follows: “The board of elections of the city of New York * * * may [italics mine] adopt…