174 Misc. 394 | N.Y. Sup. Ct. | 1940
In this action for a declaratory judgment, the parties have stipulated that the ease be disposed of as on a motion for summary judgment, the pleadings and affidavits to afford the basis for all facts found. As there is little, if any, dispute as to the facts, no trial is necessary. No claim is made that the action is not properly brought for a declaratory judgment. The questions to be decided are as follows:
1. The composition of, and voting rights in, the Westchester Republican county committee, and the subcommittees of the county committee.
2. The composition of, and voting rights in, the Republican city committee of the city of Yonkers, and the subcommittees of the city committee.
Section 12 of the Election Law provides that the county committee of each party shall consist of two members elected in each election district, or of two members elected in each election district and such additional members proportional to the last party vote for Governor in such district, as the rules of the party or a statement filed pursuant to section 18 of the Election Law may provide. If only two members from each district are provided for, section 12
There are 385 election districts in Westchester county, so that, on the basis of two members from each district, the county committee has a minimum membership of 770. On the basis of additional members proportional to the party vote, the committee would be of an impossible number. A certificate was filed pursuant to section 18 and the county committee consists of 770 members. In each meeting of the county committee, therefore, each member has a voting power in proportion to the last party vote for Governor in his district, and the judgment to be entered will so declare. Except in rare instances, it should not be necessary to invoke this right, and there is little use of invoking it unless it is necessary. The statute (Election Law, § 14) provides that all committees, other than State and county committees, shall be formed in the manner provided for by the rules of the party. The rules of the county committee (Art. II, § 4) provide for an executive committee, the composition of which is such that the entire executive committee may consist of others than duly elected committeemen. The stipulation states that there are thirty members of the present executive committee, only thirteen of whom are committeemen. The rules of the county committee confer upon the executive committee various powers, amongst others the power to fill any vacancy caused by the death or resignation of any officer of the county committee, to assign duties to other committees and officers, and to approve rules of other committees, but are silent as to the power of the executive committee to act generally for the county committee between sessions of the county committee. It is alleged in paragraph 78 of the complaint, and is not denied in the answer, that, between meetings of the county committee, the executive committee conducts the party business and affairs. The purpose