Stevenson v. Power

Memorandum. In a Democratic primary election held on June 23, 1970, 5,507 voters participated in the 78th Assembly District and of that number 1,859 voted for the election of a nominee for the office of Assemblyman. Petitioner-appellant, Edward Stevenson, receiving 642 votes, lost the nomination to respondent Louis Nine who had received 715 votes. Albert Brooks, Jr., another candidate, received 502 votes. The petitioner, Stevenson, thereafter instituted the instant proceeding pursuant to section 330 of the Election Law seeking a new primary election.

*154Special Term, after a hearing before a…