CONSTITUTIONAL LAW - ELECTIONS - PROPORTIONAL REPRESENTATION

In November, 1936, the people of the city of New York voted to adopt a system of proportional representation for the election of members of the city council. Each borough was to elect its representatives at large rather than from single-member districts. Each voter was restricted to voting for one councilman; but he might indicate the order of his preference for as many candidates as he desired. Thus he should have marked his first choice by the numeral "1," his second "2," and similarly as many choices as he wished to express.

By a system of vote-transferring his vote would be counted for his second or other subsequent choice (1) if his first choice candidate was elected without his vote or (2) if his first choice apparently could not be elected in any event. In a suit to prevent use of proportional representation, held the election method did not conflict with the state constitution. Johnson v. City of New York, 2 7 4 N. Y. 411, 9 N. E. (2d) 30, 110 A. L. R. 1502 at 1521 (1937).