Howe v. Cohen

This is an application by the City Fusion party, an independent political body, in behalf of the candidates of that party, for a declaratory judgment concerning section 137, subdivision 4, of the Election Law, as amended by section 8 of chapter 955 of the Laws of 1935.

The disputed provision relates to the disqualification of signers of independent nominating petitions. . It is sought either to have the provision declared unconstitutional or to accord it such an interpretation as harmonizes with the petitioners’ construction.

The 1935 amendment increases the minimum of signatures required on a…