35 N.Y.2d 738 (1974)
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When determining a majority vote, a delegate’s explicit abstention from voting should not be counted as a vote cast, effectively reducing the total number of votes considered.
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Summary
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This case concerns a challenge to the designation of William Murray as the Conservative Party’s candidate for Justice of the Supreme Court. At the judicial convention, a motion was adopted to conduct a first ballot with options for Justice Staley, Murray, or no designation. After no majority was reached, a second ballot between Staley and Murray resulted in 10 votes for Murray, 9 for Staley, and one “no vote.” The chair declared Murray the candidate. The court held that the “no vote” was an explicit abstention and should not be counted. Thus, Murray received a majority of the votes cast by the delegates present and voting.
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Facts
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The Conservative Party’s Judicial Convention for the Third Judicial District convened to nominate a candidate for Justice of the Supreme Court. Justice Staley and William Murray were nominated.r
A motion was passed for a first ballot with three categories: Staley, Murray, or no designation, with a second ballot between the top two categories if no majority was reached on the first.r
The first ballot resulted in 8 votes for Staley, 7 for Murray, and 5 for no designation.r
On the second ballot between Staley and Murray, the count was 10 for Murray, 9 for Staley, and one delegate answering “no vote.”r
The chair declared Murray the party’s candidate.r
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Procedural History
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The initial challenge to Murray’s designation was filed in Supreme Court, which dismissed the petition.r
The Appellate Division reversed the Supreme Court’s decision.r
Murray appealed to the Court of Appeals of the State of New York.r
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Issue(s)
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Whether a delegate’s explicit declaration of “no vote” on a ballot should be counted as a vote cast when determining if a candidate received a majority of the votes of the delegates present and voting.
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Holding
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No, because a delegate answering “no vote”, in the context of this meeting explicitly and effectively manifested his desire not to be counted in the tally. The 10 votes for Mr. Murray were thus a majority of the votes of the delegates present and voting.
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Court’s Reasoning
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The court focused on the interpretation of Article VIII, Section 4 of the Conservative Party’s Rules and Regulations, which states that