New York Court of Appeals
In the Matter of Paul N. Higby v. Edward J. Mahoney, Constituting the Board of Elections of Erie County
September 4, 197948 N.Y.2d 15
Summary
The Court affirmed the order directing the Erie County Board of Elections to validate the designating petition, holding that the omission of the assembly district number on the petition invalidates it under Election Law §6-132. The decision relied on prior precedent (Rutter, Vari, Morris) and emphasized the importance of stare decisis and legislative intent. Justice Meyer dissented, arguing that the precedent should be overruled to better protect ballot access. The dissent is summarized separately.