Moritt v. Rockefeller

McLEAN, District Judge:

Plaintiff, Fred G. Moritt, a judge of the Civil Court of New York City, basing jurisdiction on 28 U.S.C. §§ 1331, 1343 and 42 U.S.C. § 1983, has moved this three-judge court, convened pursuant to 28 U.S.C. §§ 2281, 2284, for a declaratory judgment, 28 U.S.C. § 2201, that N.Y. Election Law §§ 131, subd. 2 and 136, subd. 51 (McKinney’s Consol. Laws c. 17 1971) are unconstitutional and for a permanent injunction restraining defendants, various officials of New York State, from enforcing those sections of the Election Law.

Judge Moritt claims that he has been a candidate for…