Davis v. Board of Elections

Section 138 of the Election Law makes provision for the nomination of candidates for public office by independent petition and prescribes the requirements therefor. The crucial issue in this case is whether the requirement contained in section 138, that a signer must have registered in the last general election, is constitutional. In People ex rel. Hotchkiss v. Smith (206 N. Y. 231) the Court of Appeals laid down certain fundamentals with respect to the right of a qualified voter to participate in designating candidates of his choice, saying (p. 242):

“ It is clear that the otherwise plenary…