The opinion of the court was delivered by: BRUCHHAUSEN
BRUCHHAUSEN, District Judge.
The plaintiffs, by order to show cause, dated November 10, 1971, applied for a preliminary injunction, enjoining the defendants from holding and conducting elections in the Holtsville and Farmingville Fire District, upon the ground that requiring voters, at such elections, to register under permanent personal registration is contrary to law. The said application was denied.
The defendant, Board of Elections of Suffolk County, by Notice of Motion, dated November 12, 1971, applied for an order dismissing the complaint as to it upon the ground that the complaint as a matter of law failed to state facts sufficient to constitute a cause of action as against the said defendant, citing Section 52(4) of the Election Law, McKinney's Consol.Laws, c. 17 of this State.
The plaintiffs, by order to show cause, dated December 7, 1971, applied for an order, enjoining the defendants from enforcing registration requirements at the annual Fire District election, scheduled for December 14, 1971, also for a permanent injunction and the convening of a three-judge court because of possible violations of the Federal voting rights act and the Constitution of the United States, or for certain alternative relief. At the hearing thereof on December 10, 1971, the motion of the Attorney General of the State of New York to intervene herein was granted and the plaintiffs' motions were denied.
By Notice of Motion, dated April 22, 1972, the defendants, Andrew J. Tatay, et al applied for summary judgment as to plaintiffs Third and Fourth Causes of Action and for an order dismissing them.
The complaint herein was filed on November 10, 1971. On December 7, 1971, the plaintiffs filed an amended complaint, amending the Third and Fourth Causes of Action.
The issue in this action is whether the law of this State requires voters to be registered under the system of permanent personal registration in order to be eligible to vote in a Fire District election.
The Constitution of this State was adopted on November 8, 1938. Article 2, Section 6 thereof provides, viz:
"The legislature may provide by law for a system or systems of registration whereby upon personal application a voter may be registered and his registration continued so long as he shall remain qualified to vote from the same address, or for such shorter period as the legislature may prescribe."
The qualifications for voters at Fire District elections are set forth in Section 175(2) of the Town Law (in effect since 1939), McKinney's Consol.Laws, c. 62, the pertinent part whereof, insofar as it concerns this action, is:
"Every elector of the town . . . shall be qualified to vote for such (Fire District officers)."
Section 150 of the Election Law of this State, enacted on May 2, 1967, provides in part, viz:
"A qualified voter is a citizen who n.* [Footnote Omitted] has been duly registered in the election ...