Constitutional Convention Suit Against Election Board Dismissed
An Albany court on Thursday dismissed a suit against the state Board of Elections seeking to place on the front of the ballot this year's referendum on whether New York should hold a constitution convention.
August 24, 2017 at 04:02 PM
3 minute read
An Albany court on Thursday dismissed a suit against the state Board of Elections seeking to place on the front of the ballot this year's referendum on whether New York should hold a constitution convention.
In the decision, written by Supreme Court Justice Richard McNally, the court found that the state constitution only mandates the question of whether a convention should be submitted to the electorate, but does not dictate where on the ballot it should appear.
“To grant the relief sought by petitioner would require this Court to read into Article 19 legal requirements that simply do not exist,” McNally wrote in Davis v. Board of Elections, 05249/17. “The Court finds the decision of where the convention question should appear on the ballot is a decision relegated to the discretion of the NYSBOE.”
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