Legal Opinion

People ex rel. McCarren v. Dooling

New York Supreme Court

Decided July 15, 1908Published

Application for a peremptory writ of mandamus commanding the board of elections of the city of New York to appoint the Democratic members of the various boards of election officers in the county of Kings, from the lists authenticated and filed by the relator, as chairman of the executive committee of the Democratic county committee in the county of Kings.

1Opinion of the CourtKelly, J.

Section 12 of the Election Law (Laws of 1896, chap. 909, as amd. by Laws of 1901, chap. 95 and Laws of 1904, chap. 70), provides for the appointment of election officers to serve at primary and general elections in the various election districts in the State. The duty of providing sucli election officers is devolved upon the Legislature by section 6 of article 2 of the Constitution, and the method by which such officers shall be selected is left in the control of the Legislature, subject only to the proviso that, in making such appointment, each of the principal political parties in the State…

2Cases cited4 opinions

  1. Leahy v. . City of New YorkNew York Court of Appeals · 1908
  2. Cummings v. BaileyNew York Supreme Court · 1907
  3. People ex rel. Hahn v. Republican County CommitteeAppellate Division of the Supreme Court of the State of New York · 1908
  4. People v. GleasonNew York Supreme Court · 1896

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