33 N.Y.2d 718 (1973)
The Secretary of State has the authority and jurisdiction to invalidate an independent nominating petition when the weight of evidence supports such invalidation.
Summary
This case addresses the power and jurisdiction of the New York Secretary of State to invalidate an independent nominating petition. Jacob Fuchsberg, the petitioner, challenged the Secretary of State’s decision to invalidate his petition. The Court of Appeals affirmed the lower court’s decision, holding that the Secretary of State possessed the authority to invalidate the petition because the weight of the evidence favored invalidation. The court emphasized its own review of the disputed signatures and computations in reaching its decision.
Facts
Jacob Fuchsberg filed an independent nominating petition. The Secretary of State reviewed the petition and determined that it was invalid. Fuchsberg challenged this determination, arguing that the Secretary of State lacked the authority to invalidate the petition. The specific reasons for invalidation (e.g., fraudulent signatures, insufficient valid signatures) are not detailed in this memorandum opinion from the Court of Appeals, but the lower court opinion (referenced but not included here) would likely contain such specifics.
Procedural History
The case originated with a challenge to the Secretary of State’s decision to invalidate the nominating petition. The Appellate Division upheld the Secretary of State’s determination. Fuchsberg then appealed to the New York Court of Appeals, which affirmed the Appellate Division’s order, upholding the Secretary of State’s power to invalidate the petition and finding sufficient evidence to support the invalidation.
Issue(s)
Whether the Secretary of State had the power and jurisdiction to invalidate Jacob Fuchsberg’s independent nominating petition.
Holding
Yes, because the weight of the evidence preponderated in favor of the findings of the Appellate Division that supported the invalidation. The Court of Appeals conducted its own tabulation and computation of disputed signatures to reach this conclusion.
Court’s Reasoning
The Court of Appeals based its decision on the finding that the evidence overwhelmingly supported the invalidation of the nominating petition. The court explicitly stated that it had independently reviewed the signatures and computations in dispute, affirming the lower court’s conclusion. The decision underscores the Secretary of State’s role in ensuring the integrity of the electoral process by scrutinizing nominating petitions. The court’s reliance on the