In re Convention Nominations Certified by the American Labor Party

’Petitioner moves for an order restraining the Secretary of State from certifying to the several boards of elections of the State the names of Franklin D. Roosevelt and Harry S. Truman as the designees of the American Labor Party for candidates for President and Vice-President of the United States, to be printed on the voting machines and ballots in connection with the list of presidential electors nominated by the party.

It is conceded that the party may nominate presidential electors, as it has done, by its State committee (Election Law, § 131, subd. 1). But the argument is that the State…