New York Court of Appeals

In the Matter of John A. Graziano, as Election Commissioner of the County of Albany and as Member of the Board of…

November 30, 20043 N.Y.3d 475

Summary

The Court held that a single election commissioner may sue to enforce the constitutional and statutory requirement of equal partisan representation on a board of elections, but lacks capacity to sue on broader board‑function claims that require a majority vote of the commissioners. Accordingly, the dismissal of the political‑imbalance claim was reversed and the case remanded for further proceedings, while the dismissal of the other claim was affirmed.