Fidell v. Board of Elections of City of New York

HAYS, Circuit Judge:

Plaintiffs, claiming to represent members of a class, seek a declaratory judgment and an injunction requiring defendants to provide for absentee ballots in the forthcoming primary in the State of New York. While New York permits absentee voting in general elections, see N.Y. Election Law § 117 et seq. (McKinney’s Consol.Laws c. 17, 1964 and Supp.1971), it does not do so for primaries. Plaintiffs allege that they and other members of their class will be unable to vote in person in the June primary, and that New Yoi’k’s failure to provide absentee ballots denies them the…