Moritt v. Governor of New York

Fuchsberg, J. (dissenting).

Petitioner, Fred G. Moritt, claims his two unsucessful candidacies for nomination for State-wide office were stymied by unconstitutional provisions *352of New York’s Election Law. His attack centers on section 131 (subd 2) and section 136 (subd 5).

The first of these sections, subdivision 2 of section 131, allows each member of a political party’s State committee "to cast a number of votes which shall be in accordance with the ratio which the number of votes cast for the party candidate for governor on the line * * * of the party at the last preceding general state…