In re Cohen

(after stating the facts as above).

The contention of the appellant is that, by reason of the provisions of the Election Law of the state of New York, the records of the board of elections and the voting machines are so wholly within the control of the state that they cannot be directly reached by a subpoena duces tecum issued out of the United States court in a grand jury investigation.. This position is based on the provisions of article 1, § 4, of the United States Constitution, that: “The Times, Places and Manner of bolding Elections for Senators and Representatives, shall be prescribed in…