Siwek v. Mahoney

A CPLR article 78 proceeding was brought before this court to enjoin the respondent election commissioners from accepting applications for registration and enrollment by mail from residents of the City of Buffalo unless proof is shown that they qualify pursuant to specific exceptions as defined in the Constitution of the State of New York. The basis for the relief sought is that section 5 of article II of the Constitution of the State of New York is violated by section 153 of the Election Law (as added by L 1975, ch 166, eff Dec. 1, 1975).

Although there is some authority for the proposition…