In the Matter of the Application of Frank J. McCabe, Appellant, Against John R. Voorhis, Constituting the…

Summary

The New York Court of Appeals reversed the lower courts and granted a peremptory mandamus to prevent the Board of Elections from placing Local Law No. 16 on the November 1926 ballot. The Court held that the relator, as a citizen and qualified elector, had standing, that the Board's duty is ministerial and limited to valid local laws, and that Local Law No. 16 was invalid because its title violated the single‑subject rule and it unlawfully superseded state legislation. Accordingly, the law must not be submitted to the voters.