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Vanasco v. Schwartz

United States District Court for the District of Eastern New York

401 F. Supp. 87 (1976)

Facts

The New York State Board of Elections (NYSBE) created the Fair Campaign Code (FCC). The FCC prohibited attacks on candidates based on race, sex, religion, or ethnicity, misrepresentations of a candidate’s qualifications, and misrepresentations of a candidate’s party affiliation or endorsement. Roy Vanasco and Joseph Ferris (plaintiffs) were candidates for the New York State Assembly (NYSA). Vanasco, a Republican party candidate, distributed palm cards referring to himself as “Republican-Liberal,” but he was not the candidate of the Liberal Party. Vanasco’s incumbent opponent filed a complaint with the NYSBE, which found him in violation of the FCC. Ferris’s opponent filed a complaint with the NYSBE accusing Ferris of misrepresenting his opponent’s voting record. The NYSBE found Ferris in violation of the FCC. The NYSBE ordered Vanasco and Ferris to surrender their violative campaign materials and make new campaign materials. Both men complied. On October 29, 1974, Vanasco and Ferris sued the NYSBE in the Eastern District of New York.

Rule of Law

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Issue

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Holding and Reasoning (Werker, J.)

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