Cardona v. Power,
Annotate this Case
384 U.S. 672 (1966)
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U.S. Supreme Court
Cardona v. Power, 384 U.S. 672 (1966)
Cardona v. Power
Argued April 18, 1966
Decided June 13, 1966
384 U.S. 672
Appellant, who has lived in New York since 1948, was born in Puerto Rico and educated there. Although able to read and write Spanish, she could not satisfy New York's English literacy requirement, and was therefore refused registration by the Board of Elections. Alleging that requirement unconstitutional, she brought suit in a New York court seeking an order directing the Board to register her. The trial court denied appellant relief and the New York Court of Appeals affirmed. Thereafter Congress enacted § 4(e) of the Voting Rights Act of 1965. See Katzenbach v. Morgan, ante, p. 384 U. S. 641.
Held: the judgment is vacated and the case is remanded to the New York Court of Appeals for whatever proceedings it may deem appropriate. P. 384 U. S. 674.
(a) If appellant completed the sixth grade in a public school or an accredited private school in Puerto Rico, this case would be moot as § 4(e) did not specifically cover appellant, the New York courts should determine whether the New York English literacy requirement remains valid in light of § 4(e). P. 384 U. S. 674.
(b) Even if § 4(e) did not specifically cover appellant, the New York courts should determine whether the New York English literacy requirement remains valid in light of § 4(e). P. 384 U. S. 674.
16 N.Y.2d 639, 708, 827, 209 N.E.2d 119, 556, 210 N.E.2d 458, vacated and remanded.