Rosario v. Rockefeller
Supreme Court of the United States
Rosario et al. v. Rockefeller, Governor of New York, et al.
Certiorari to the United States Court of Appeals for the Second Circuit
No. 71-1371. Argued: December 13, 1972 --- Decided: March 21, 1973
Petitioners challenge the constitutionality of New York Election Law § 186, which requires a voter to enroll in the party of his choice at least 30 days before the general election in order to vote in the next party primary. Though eligible to enroll before the previous general election, petitioner failed to do so and were therefore ineligible to vote in the 1972 primary. The Court of Appeals, reversing the District Court, upheld the New York scheme, which it found to be a permissible deterrent against the practice of primary election "raiding" by opposing party members.
Held: New York's delayed-enrollment scheme did not violate petitioners' constitutional rights. Pp. 756-762.
- (a) Section 186 did not absolutely prohibit petitioners from voting in the 1972 primary, but merely imposed a time deadline on their enrollment, which they chose to disregard. Pp. 756-758.
- (b) The statute does not deprive voters of their right under the First and Fourteenth Amendments to associate with the party of their choice or subsequently to change to another party, provided that the statutory time limit for doing so is observed. Pp. 758-759.
- (c) The cutoff date for enrollment, which occurs about eight months before a presidential, and 11 months before a nonpresidential, primary, is not arbitrary when viewed in light of the legitimate state purpose of avoiding disruptive party raiding. Pp. 760-761.
458 F.2d 649, affirmed.
STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, and REHNQUIST, JJ., joined. POWELL, J., filed a dissenting opinion, in which DOUGLAS, BRENNAN, and MARSHALL, JJ., joined, post, p. 763.
Burt Neuborne argued the cause for petitioners. With him on the brief were Melvin L. Wulf and Seymour Friedman.
A. Seth Greenwald, Assistant Attorney General of New York, argued the cause for respondents Rockefeller et al. With him on the brief were Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Irving Galt, Assistant Attorney General. Joseph Jaspan filed a brief for respondents Meisser et al. David N. Dinkins, pro se, filed a brief for respondents Dinkins et al.