Sloan v. Kellner

Summary

The Appellate Division, Third Department affirmed dismissal of a proceeding challenging the invalidation of a designating petition for statewide Democratic candidates. The court held that the proceeding was jurisdictionally defective because all objectors were not named and served, and rejected the petitioners’ constitutional challenge to the composition of the New York State Board of Elections.

Holdings

1. The proceeding was jurisdictionally defective because petitioners failed to name and serve all persons who filed objections to the designating petition.
2. The composition of the State Board of Elections did not violate the Equal Protection Clause merely because it did not give equal weight to each voter.
3. The State Board properly determined that the designating petition was facially defective and invalid in its entirety because it lacked the required number of signatures to support any of the candidacies.

Questions Presented

1. Whether the Election Law proceeding was jurisdictionally defective because petitioners failed to name and serve all persons who filed objections to the designating petition.
2. Whether the composition of the New York State Board of Elections violated the Equal Protection Clause by failing to give equal weight to each voter.
3. Whether the State Board properly invalidated the designating petition in its entirety for lacking the required number of signatures.

Disposition

affirmed