Block v. Marino

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff Arthur R. Block lost a primary election last September in New York’s Eighth Congressional District, by a margin of 88 percent to 12 percent, to a man who, as the electorate well knew, had died before the vote — the late Rep. Ted Weiss. Block and two voters responded six days later with this lawsuit, seeking a judicial reversal of the electorate’s resounding verdict. Plaintiffs claim that Weiss’s candidacy was a fraudulent and unconstitutional interference with the election, in violation of 42 U.S.C. §§ 1983 and 1985 and the First and…