Rice v. Power

Whether the Constitutional Convention alone has the power to recanvass the election returns for its members in order to resolve a dispute between two contending nominees for the office of delegate and determine which of them received the most votes in the election is the primary issue here presented.1

In our view, section 330 of the Election Law validly vests summary jurisdiction in the Supreme Court to order a, recanvass of the absentee and military ballots cast in such an election. It is true that the State Constitution (art. XIX, § 2) makes the Convention the ultimate “judge of the…