Matter of O’Brien v. Board of Elections, 18 N.Y.2d 106 (1966)

Section 330 of the Election Law validly vests summary jurisdiction in the Supreme Court to order a recanvass of absentee and military ballots in an election, even for delegates to a Constitutional Convention, and this jurisdiction is not deprived by the Board of Elections certifying a candidate or the candidate taking their oath of office.

Summary

This case addresses whether the New York Supreme Court has the power to order a recanvass of election returns for delegates to the state Constitutional Convention, given that the Convention itself is the ultimate judge of its members’ elections. The Court of Appeals held that section 330 of the Election Law validly grants the Supreme Court jurisdiction to order a recanvass to ensure the Board of Elections accurately tallies and certifies votes. The court reasoned that while the Convention can disregard the Board’s certificate, this does not negate the court’s power to ensure an accurate initial count. The Court also held that subsequent certification and oath-taking do not strip the court of its jurisdiction once it has been properly invoked.

Facts

A dispute arose between two nominees for the office of delegate to the Constitutional Convention regarding the election returns. After the proceeding commenced, the Board of Elections certified Santangelo as the duly elected delegate, and he subsequently took and filed his oath of office. O’Brien sought a recanvass of the absentee and military ballots, and the case eventually reached the New York Court of Appeals.

Procedural History

The Supreme Court initially heard the case. The specific ruling of the Special Term which was appealed is not stated in the Court of Appeals opinion. The Court of Appeals reversed the order of the Special Term and remanded the matter for further proceedings.

Issue(s)

Whether section 330 of the Election Law validly vests summary jurisdiction in the Supreme Court to order a recanvass of absentee and military ballots cast in an election for delegates to the Constitutional Convention, despite the Convention being the ultimate judge of its members’ elections.

Holding

Yes, because section 330 of the Election Law validly vests summary jurisdiction in the Supreme Court to order a recanvass of the absentee and military ballots to ensure the Board of Elections accurately tallies the votes cast, and the Constitutional Convention’s power to judge elections does not vitiate the court’s power to require accurate vote tallies.

Court’s Reasoning

The Court of Appeals reasoned that while the State Constitution designates the Constitutional Convention as the ultimate judge of its members’ elections, the Board of Elections has the initial duty to certify the candidate receiving the most votes. The Court emphasized that no constitutional provision deprives the courts of jurisdiction under section 330 to inquire whether the board properly discharged its duty. The court stated, “Although the Convention is privileged to disregard the certificate issued by the Board of Elections in determining whether a delegate was properly elected and should be seated, this does not in any way vitiate the power of the courts to require that the certificate reflect an accurate tally of the votes cast.” The court analogized its reasoning to People ex rel. Brown v. Board of Supervisors, 216 N.Y. 732. Further, the court found that the Board of Elections certifying the respondent and him subsequently taking his oath of office did not deprive the Supreme Court of jurisdiction. The court highlighted that delegates are not required to take their oath until April 1967, and section 279 of the Election Law allows a court to order the Board of Elections to issue a corrected certificate. The court explicitly stated that a corrected certificate “shall stand in lieu of the original * * * certificate.” The court emphasized the importance of ensuring accurate election results, even in the context of elections for delegates to the Constitutional Convention.