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PHILLIPS v. ROCKEFELLER

No. 495, Docket 35659.

435 F.2d 976 (1970)

Randolph PHILLIPS, in his own right individually and as Chairman of the Committee for Fair Play for Voters, Ethel Frankel, Nina Phillips and Dr. Samuel J. Phillips in their own right individually and as members of the Committee for Fair Play for Voters, Plaintiffs-Appellants, v. Nelson A. ROCKEFELLER, Governor of the State of New York, and John P. Lomenzo, Secretary of State of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 11, 1970.

As Amended February 2, 1971.

Attorney(s) appearing for the Case

Randolph Phillips, pro se.

Bennett Frankel, New York City, for plaintiffs-appellants, Ethel Frankel and others.

Mark T. Walsh, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, on the brief), for defendants-appellees.

C. Dickerman Williams, New York City (Baker, Nelson, Williams & Mitchell, New York City, on the brief), amicus curiae for James L. Buckley.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and CLARIE, District Judge.

LUMBARD, Chief Judge.

The sole question which we find necessary to reach in this case is whether the language of the Seventeenth Amendment to the United States Constitution that the United States Senators from each state shall be "elected by the people thereof" requires that a candidate for the Senate receive a majority of the votes cast at the general election in order to be elected.1 On this ground the plaintiffs here seek to prevent...

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