In the Matter of Richard A. Gross, Respondents v. Albany County Board of Elections, Respondent, and William…

Summary

The New York Court of Appeals affirmed the Appellate Division's order that absentee ballots cast in the special general election without complying with the federal court order and Election Law Article 8 were invalid. The Court held that strict statutory compliance is required and that the Board's error was substantive, not merely ministerial. Justice Rosenblatt dissented, arguing that the voters were innocent and the ballots should be counted.