O'Brien v. Skinner
Supreme Court of the United States
O'Brien et al. v. Skinner, Sheriff, et al.
On Application for Stay
No. A-484. Argued: N/A --- Decided: November 6, 1972
Applicants, who are imprisoned after misdemeanor convictions or while awaiting trial (groups not disenfranchised under New York law), challenge the constitutionality of an absentee voting statute applicable to those whose confinement in state institutions is because of physical disability, but not to persons in applicants' situation. The claim of applicants, which the New York Court of Appeals rejected, may have merit and McDonald v. Board of Election Comm'rs, 394 U.S. 802, on which the State relies, is distinguishable. However, applicants' delays in submitting their registration statements to election officials and in filing their application for stay, together with the absence of information as to whether a state court stay was sought, compel denial of the application.
MR. JUSTICE MARSHALL, Circuit Justice.