Roosevelt v. Power

This motion is in all respects denied. It is abundantly clear that the Board of Elections has the power to correct its own errors or mistakes (cf. People ex rel. Finnegan v. McBride, 226 N. Y. 252) and the act of the Chief Clerk in correcting his own error is in the circumstances deemed to be the act of the Board of Elections. Obviously, having the authority under the Election Law to effect a transfer of enrollment, by parity of reasoning the Chief Clerk has the power and authority to rectify a mistake in relation to enrollment.

The only remaining question is: did the Clerk commit an error in…