Battista v. Power

Chief Judge Desmond.

I vote to reverse the order appealed from and to reinstate the Special Term order. I do so under the compulsion of section 248 of the Election Law which in language too clear for misreading denies an additional “ independent ” column on the ballot to a candidate who already appears thereon as the candidate of two major parties. This old statute expresses a continuing legislative policy of preventing the major party candidates from pre-empting the whole ballot through the device of setting up independent political bodies.

No one doubts the constitutionality of section 248.…