Legal Opinion
Harden v. Board of Elections
New York Court of Appeals
Decided August 31, 1989PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the applications for an order directing the Board of Elections to hold a write-in primary election denied.
The "opportunity to ballot” remedy fashioned in Matter of Hunting v Power (20 NY2d 680) was designed to give effect to the intention manifested by qualified party members to nominate some candidate, where that intention would otherwise be thwarted by the presence of technical, but fatal defects in designating petitions, leaving the political party without a designated candidate for a…
2Cases cited5 opinions
- Hunting v. PowerNew York Court of Appeals · 1967
- Matter of Hochberg v. D'ApiceNew York Court of Appeals · 1985
- Hochberg v. D'ApiceAppellate Division of the Supreme Court of the State of New York · 1985
- Quaglia v. LefeverAppellate Division of the Supreme Court of the State of New York · 1988
- Santoro v. KujawaAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by25 opinions
- MATTER OF PLUNKETT v. MahoneyNew York Court of Appeals · 1990
- Bowen v. Ulster County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2005
- Landry v. MansionAppellate Division of the Supreme Court of the State of New York · 2009
- Gelb v. Board of Elections in the City of New YorkDistrict Court, S.D. New York · 1996
- Griffin v. TorresAppellate Division of the Supreme Court of the State of New York · 2015
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