General
In the Matter of the Application of Aaron B. Calvin for an Order Directing the Board of Elections of Suffolk County to Accept the Petition Filed by Margaret Prentice and Others Designating Members of the State Committee, Delegates and Alternate Delegates to the State Convention for the 2nd Assembly District and Delegates and Alternate Delegates to the 2nd Judicial District Convention. William L. Avetta, Appellant; Aaron B. Calvin and Others, Respondents
255 A.D. 721·New York Supreme Court, Appellate Division·1938·NY
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Opinion
In the Matter of the Application of Aaron B. Calvin for an Order Directing the Board of Elections of Suffolk County to Accept the Petition Filed by Margaret Prentice and Others Designating Members of the State Committee, Delegates and Alternate Delegates to the State Convention for the 2nd Assembly District and Delegates and Alternate Delegates to the 2nd Judicial District Convention. William L. Avetta, Appellant; Aaron B. Calvin and Others, Respondents.
[MAJORITY]
Order affirmed, without costs. No opinion. Carswell, Johnston, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to reverse upon the following ground: Section 11 of the Election Law provides that when any party rule “ provides for the equal representation of sexes from each unit, the designating petitions and primary ballots shall carry such party positions separately by sexes.” The Democratic party has adopted a rule for equal representation of sexes in each unit. The rule was not complied with in this case. A violation makes the petition invalid.