Legal Opinion

New York State Democratic Party v. Lomenzo

Court of Appeals for the Second Circuit

Decided May 1, 1972No. 790, Docket 72-1357PublishedCited by 15 opinions

1Opinion of the Court

HAYS, Circuit Judge:

Appellants commenced this action against appellee, Secretary of State of the State of New York, seeking an injunction requiring appellee to permit each candidate in the New York Democratic primary election for delegate or alternate delegate to the Democratic National Convention to list next to his name the name of the candidate for president he prefers. Appellants alleged that the refusal to permit a designation of preference on the ballot in the primary election causes such confusion among the electorate that the practice undermines and abridges appellants’ right to vote…

2Cases cited9 opinions

  1. Jenness v. FortsonSupreme Court of the United States · 1971
  2. ANDERSON Et Al. v. MARTINSupreme Court of the United States · 1964
  3. Ray v. BlairSupreme Court of the United States · 1952
  4. Gilhool v. Chairman & Com'rs, Philadelphia Co. Bd. of Elec.District Court, E.D. Pennsylvania · 1970
  5. Gilhool v. Chairman, Philadelphia County Bd. of ElectionsSupreme Court of the United States · 1970

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3Cited by15 opinions

  1. Gould v. GrubbCalifornia Supreme Court · 1975
  2. Bachrach v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1981
  3. New Alliance Party v. New York State Board of ElectionsDistrict Court, S.D. New York · 1994
  4. Mirabella v. BD. OF ELECTIONS OF CITY OF NEW YORKDistrict Court, S.D. New York · 1980
  5. Moritt v. RockefellerDistrict Court, S.D. New York · 1972

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