Legal Opinion

In re Gerling

New York Supreme Court

Decided October 22, 1924PublishedCited by 2 opinions

1Opinion of the CourtCunningham, J.

The petitioner seeks in this proceeding to require the use in Monroe county of paper ballots instead of voting machines at the general election to be held in November.

* The specific grounds upon which petitioner seeks relief are that the voting machines do not afford the voter an opportunity to split his vote for presidential electors and that when a voter attempts to so split, the vote cast by him is revealed to any person subsequently entering the machine and thus secrecy is destroyed.

The Constitution of 1895, article 2, section 5, says that an election may be “ by such other method [other…

2Cases cited2 opinions

  1. People Ex Rel. Deister v. . WintermuteNew York Court of Appeals · 1909
  2. Lynn v. NicholsNew York Supreme Court · 1924

3Cited by2 opinions

  1. Thomas v. CohenNew York Supreme Court · 1933
  2. McCall v. Automatic Voting MacH. CorporationSupreme Court of Alabama · 1938

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