Legal Opinion

Ryan v. Board of Elections

New York Court of Appeals

Decided September 3, 1981PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The requirement of subdivision 2 of section 6-132 of the Election Law that the subscribing witness to a designating petition be “a resident of the political subdivision in which the office or position is to be voted for” is a substantive legislative requirement which may not be relaxed by the courts. I'he signatures contained on a petition witnessed by a nonresident of the political subdivision involved may not be *517counted in determining whether a sufficient number of voters has validly signed a candidate’s designating petition. The order of the Appellate Division should,…

3Cases cited6 opinions

  1. Hutson v. BassNew York Court of Appeals · 1981
  2. Higby v. MahoneyNew York Court of Appeals · 1979
  3. Alamo v. BlackNew York Court of Appeals · 1980
  4. Rosen v. McNabNew York Court of Appeals · 1969
  5. MATTER OF McMANUS v. DeSapioNew York Court of Appeals · 1958

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4Cited by18 opinions

  1. Hutson v. BassNew York Court of Appeals · 1981
  2. Parker v. SavagoAppellate Division of the Supreme Court of the State of New York · 1988
  3. Barrett v. ScaringeAppellate Division of the Supreme Court of the State of New York · 1985
  4. Sheehan v. AylwardNew York Court of Appeals · 1981
  5. Bouldin v. ScaringeAppellate Division of the Supreme Court of the State of New York · 1987

13 more not listed; retrieve them via the Exa API.

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