DeSapio v. Koch, 14 N.Y.2d 735 (1964)
Votes cast by individuals who fail to sign the registration poll records are invalid and should not be counted in an election.
Summary
This case concerns a dispute over a Democratic primary election for the position of Male Leader. DeSapio challenged the election results, alleging that numerous invalid votes were counted for Koch. The Court of Appeals addressed whether votes cast by individuals who did not sign the registration poll records should be invalidated. The Court held that such votes are indeed invalid under the New York Constitution and Election Law. However, because the number of invalid votes was substantial enough to render the election’s outcome uncertain, the Court ordered a new primary election.
Facts
In a Democratic primary election, Edward I. Koch was declared the winner by a margin of 41 votes. DeSapio contested the results, claiming that 65 specific votes were invalid. A significant number of these votes (45) were cast by individuals who did not sign the registration poll records as required.
Procedural History
The Special Term sustained objections to 35 votes (15 for failure to sign poll records and 20 for lack of party enrollment or residency), but dismissed objections to the remaining 30 votes cast by those who did not sign the poll records. The Appellate Division affirmed the Special Term’s decision. The case then went to the New York Court of Appeals.
Issue(s)
Whether the court should invalidate votes cast by individuals who concededly failed to sign the registration poll records as required by the New York Constitution and Election Law.
Holding
Yes, because the New York Constitution and Election Law mandate the signing of registration poll records, and failure to do so invalidates the vote.
Court’s Reasoning
The Court of Appeals relied on Article II, Section 7 of the New York Constitution and Section 413 of the Election Law, which implicitly require voters to sign the registration poll records. The court stated plainly that “the votes so cast were invalid and should not have been counted.” Because invalidating the 30 votes in question changed the outcome of the election, but the irregularities in the election were such “as to render impossible a determination as to who rightfully was nominated or elected,” the proper remedy was to order a new primary election instead of declaring DeSapio the winner. This highlights a key principle: even when specific invalid votes can be identified, the remedy is not necessarily awarding the election to the challenger; a new election may be required when the extent of irregularities casts doubt on the entire process. The court did not elaborate further on specific policy considerations, focusing instead on the plain requirements of the Constitution and Election Law.