Matter of La Brake v. Dukes

In Matter of La Brake v. Dukes (96 N.Y.2d 913, 758 N.E.2d 1110, 733 N.Y.S.2d 133 [2001]) the Court declared the provision in Election Law 6-132 (2) that required a subscribing witness to a designating petition to be "a resident of the political subdivision in which the office or position is to be voted for" an unconstitutional restriction on core political expression in violation of the First Amendment of the United States Constitution. Although the Court determined that the State had a compelling interest in ensuring that subscribing witnesses be residents of New York State, it failed to provide a compelling justification for insisting that they reside in the political units to which the petitions pertain. Since the residency mandate prevented out-of-district qualified voters from circulating designating petitions, it impermissibly impeded the rights guaranteed them under the First Amendment. The only provision of Election Law 6-132[2] that was held unconstitutional was the requirement that the subscribing witness be "a resident of the political subdivision in which the office or position is to be voted for." The Court of Appeals reasoned that the residency requirement constituted a severe burden on core political speech, and thus was subject to strict judicial scrutiny. The case did not address the requirement that the subscribing witness's town or city be specifically designated on the form, apart from the witness's residence address.