Battista v. Power

Rabiu, J. P. (dissenting).

We should not by judicial amendments legislate out of existence what the Legislature clearly and expressly enacted as the law. Whether a candidate who has the nomination of two regular parties should be entitled to a third column on the voting machine when nominated by an independent body is for the Legislature and not for the courts to decide. And the Legislature has spoken. Section 248 of the Election Law provides that such a candidate may not have an additional line.

True, the Court of Appeals in the Matter of Belford v. Board of Elections of Nassau County (306 N.…