Judge Jack Weinstein
The Board of Elections denied Brown’s petition to be a Democratic party candidate for District Attorney in Queens County. Brown was not an attorney nor gathered the minimum number of signatures, as required by New York Election Law §6-136(2)(b). State appellate court affirmed supreme court’s denial of Brown’s suit to declare his petition valid. District court denied Brown’s federal action seeking declaratory judgment that the requirements to run for District Attorney in Queens County violated the New York State and U.S. Constitutions. In Matter of Curry v. Hosley, New York’s high court held the nature of a district attorney’s duties and responsibilities to the public require the officeholder to be an attorney. No provision of the U.S. Constitution bars a state from enforcing such a reasonable requirement. Further §6-136(2)(b)’s 4,000 signature requirement satisfied constitutional standards. Noting that Queens County has over twice as many registered Democratic voters and is over four times as densely populated as Nassau, Suffolk or Westchester counties, the court found the U.S. Constitution’s Equal Protection Clause not violated by the disparity in signatures required in Queens County and those required in Nassau, Suffolk, and Westchester.
