In the Matter of Luke A. Burns, against Milton A. Wiltse, and Manford H. Jerome, as Commissioners of Election of…

Summary

The New York Court of Appeals held that a person may not be nominated for two incompatible elective offices in the same election, reversing the Appellate Division and ordering the Republican County Committee to reconvene and select a different nominee for County Judge. Justice Conway dissented, arguing that the electors' right to vote for a dual nominee should not be limited by the Court.