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of state and county committees, shall not be chosen at official primaries or otherwise at public expense.

Added by L. 1911, ch. 891, and amended by L. 1913, ch. 820 and L. 1914, ch. 5, in effect Feb. 12, 1914.

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Party nominations. - This subject was covered in Election Law, § 120, which was repealed by L. 1911, ch. 891. The following note given in the 1911 Manual under § 120 is inserted here for whatever historical or other value it may have:

Application. — This section applies to all organized parties, and it puts a mere local and isolated party on the same footing as a State party, its local branches, sections and connections. Matter of Wheeler (1894), 10 Misc. 55, 30 N. Y. Supp. 854.

Change of election returns to show that party polled over 10,000 votes. The court has no power to compel a county board of canvassers to change the returns of a general election so as to show separately the number of votes cast for the office of governor, in the column and under the emblem of a political party whose candidate for the office of governor was the same as that of another political party, in order that it shall appear from the returns whether or not such first nominated political party polled 10,000 votes for State officers. People ex rel. Boies v. Board of Canvassers (1903), 79 App. Div. 514, 80 N. Y. Supp. 25.

Regularity of party nominations. Where a convention has made one nomination it cannot, while that nomination remains in force, make another. People ex rel. Simpson v. Police Commissioners (1894), 10 Misc. 98, 31 N. Y. Supp. 112.

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Part of a convention cannot secede from a regular meeting of the nominating party and make nominations on its own account. Nominations must be the act of a party, not of a clique. People ex rel. Simpson v. Police Commissioners (1894), 10 Misc. 98, 31 N. Y. Supp. 112.

A candidate cannot claim to be the nominee or representative of a political party unless he has been first regularly nominated by that party, and what constitutes regularity depends upon the usages of the party itself and not upon any rules and regulations which may seem just and proper to courts or judges. Matter of Redmond (1893), 5 Misc. 369, 25 N. Y. Supp. 381.

When a political convention has duly nominated and certified a person pursuant to the Election Law its functions are at an end and on the refusal of the nominee to accept the nomination after the certificate is filed, the convention is powerless to reconvene and nominate another person. Matter of Greene (1907), 121 App. Div. 693, 106 N. Y. Supp. 425.

Where, upon a refusal of a temporary chairman of a convention to call the roll of the certified members of the convention, another convention is held in the same hall upon a roll call, in which a majority of the legal delegates par

ticipate, the nominee of the latter convention will be deemed regular. French v. Roosevelt (1896), 18 Misc. 307, 41 N. Y. Supp. 1080.

A convention is functus officio when it reassembles after the time for filing original nominations or nominations to fill vacancies caused by declinations has expired. Matter of Halpin (1905), 108 App. Div. 271, 95 N. Y. Supp. 611. Where a political party has no voters in certain territory forming a part of the congressional district it is not fatal to its rights to nominate by a convention for Congress, that it neither advertised nor held primaries in that territory, as such primaries would have been futile if not impossible. Matter of Ward (1902), 36 Misc. 727, 74 N. Y. Supp. 403, aff'd 69 App Div. 615.

Rescinding nomination before adjournment.-Any action taken by a city nominating convention may be rescinded by it before final adjournment. Matter of Nash (1901), 36 Misc. 113, 72 N. Y. Supp. 1057.

Factions. The word "faction," as used in the Election Law, refers to different political organizations in the same party and not to contending members of the same organization engaged in the support of different candidates who are both seeking or claiming a nomination to office from the same political organization. In re Heacock (1896), 18 Misc. 311, 41 N. Y. Supp. 161.

Where there are several factions of the same party in the county, the state convention decides which faction shall have the advantage of regu larity. The regular faction then becomes entitled to the sole use of the party emblem for its local candidates. Each local faction can have its own emblem for all its own local candidates; but a local faction, not the regular one, having its own local emblem, cannot place under such emblem the names of the candidates nominated by the party at large for state offices. Fernbacher v. Roosevelt (1895), 90 Hun, 441, aff'g 14 Misc. 199, 35 N. Y. Supp. 898.

Courts will not interfere with contents between factions of a political party unless there has not been an adjudication of the question of regularity by some division of the party which is conceded to be superior in point of authority to the one in which the contention arose. Matter of Pollard (1893), 55 N. Y. St. Rep. 155, 25 N. Y. Supp. 385.

No other convention or committee than the one nominating has power to review the nominations and to say which of two rival factions presenting delegates from primaries is the regular one. Matter of Cowie (1890), 33 N. Y. St. Rep. 710, 11 N. Y. Supp. 838.

A faction of a political party which has certified to the Secretary of State its local nominations only and which has made no nominations for state offices is not entitled to have the nominees of its party for state offices stand in a separate column with its local nominations. Matter of Madden (1895), 148 N. Y. 136.

Although a convention fails to nominate for a certain office, electors are not deprived of their right to vote for such office, but may write on their ballots the name of a person to fill such office. People ex rel. Goring v. President, 144 N. Y. 616, aff'g 9 Misc. 246, citing People ex rel. Bradley v. Shaw (1894), 133 N. Y. 493, 16 L. R. A. 606.

Where a convention fails to nominate a candidate for the office of State Senator, owing to a deadlock, the chairman of the county general committee of the party may call a joint meeting of the county general committee of the Assembly districts comprising the Senate district affected, and of the executive committee of the county general committee, and this joint meeting may nominate a candidate for the office, pursuant to the rule or regulation properly adopted by such general committee. Mat

ter of Kehoe (1904), 45 Misc. 132, 91 N. Y. Supp. 889, aff'd 97 App. Div.

637.

Village nominations made at a primary, notice of which was not subscribed by any committee or officers of the party, are not valid. Matter of Freund (1907), 53 Misc. 354, 103 N. Y. Supp. 420.

Cimmittee defined. The word "committee" as used in subdivision 4 of this section need not necessarily be a committee elected at primary election. Hence, where a county committee of the National Progressive party, having adopted rules which provide for unofficial primaries at which delegates are elected to conventions which nominate party candidates in the towns, nominates candidates pursuant to such rules, a writ of mandamus may be issued to the clerk of the town of such county requiring him to receive and file the certificate of nomination of the candidates of such party. People ex rel. Robinson v. O'Connell (1913), 155 App. Div. 428.

§ 46. Designations; how made.

Designations of candidates for party nominations or for election to party positions shall be by petition only, in the manner provided by this chapter.

Former section 46, as added by L. 1911, ch. 891, repealed and new section added by L. 1913, ch. 820, in effect Dec. 17, 1913.

§ 47. Meetings of committee for purposes of designation.

Added by L. 1911, ch. 891, and repealed by L. 1913, ch. 820, in effect Dec. 17, 1913.

Notice of meeting of county committee for designation of candidates must be served upon all the committee members except such as may have been removed and a meeting was not duly organized where four members had not been notified even though a majority were present and acted. Matter of Akin (1912), 149 App. Div. 950.

§ 48. Designations by petition.

1. Every petition for the designation of a candidate for party nomination or for election to a party position shall be in substantially the following form:

I, the undersigned, do hereby certify that I am a duly enrolled. voter of the .... party, as herein below specified, and entitled to vote at the next primary election of said party, that my place of residence is truly stated opposite my signature hereto, and I do hereby designate the following named person, or persons, as a candidate, or candidates, for nomination by the party for public office, or offices, or as a candidate or candidates for election to the position or positions, of the said party to be voted for at the official primary election to be held on the .., A. D., .., as hereinafter specified, and it is my intention to support at the ensuing primary the candidacy of the person or persons and each of them herein designated by me.

day of

...

Name of candidate.

Public office
or party position.

Place of residence.

Place of business.

I do hereby appoint (here insert the names and addresses of at least three persons all of whom shall be enrolled voters of said. party) as a committee to fill vacancies in accordance with the provisions of the election law.

In witness whereof, I have hereunto set my hand the day and year placed opposite my signature.

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in the year

...

before me personally came (here shall be inserted the names of each and every voter appearing and making oath before the said officer) each of whom was to me personally known and known by me to be the voter whose name and place of residence is subscribed by him to the foregoing certificate and each of the foregoing voters being by me duly and severally sworn did make oath that he is a voter and has truly stated his residence, and that it is his intention to support at the polls the candidacy of the person or persons designated for nomination for public office in the foregoing certificate of designation, if the same are nominated.

(Signature and official title.) 2. Any signature to a designating petition for the primary may as an alternative be authenticated by a qualified witness in the same manner as in the case of a nominating certificate for the election, as provided in section one hundred and twenty-three of the election law, the forms and procedure being changed to apply to the primary instead of the election, and with like penalty for any false affidavit, certificate or statement by any person. No signature to a designating petition shall be counted unless authenticated either by acknowledgment or by a witness as aforesaid.

3. A petition for the designation of candidates for party nomination or for election to party position may designate candidates for nomination for one or more public offices, or for election to one or more party positions, or both.

4. Petitions for the designation of candidates for party nominations or for the election of candidates to party positions or both shall be signed by enrolled voters resident within the political subdivision or unit of representation for which the nomination or election is to be made to a number equivalent to not less than three per centum of the total number of enrolled voters of the party residing within said political subdivision or unit of representation, as determined by the last preceding enrollment, provided, however, that for the following officers the number of signatures need in no case exceed the following fixed limits:

For the office of United States senator or for any office to be filled by all the voters of the state, three thousand signatures;

For the office of justice of the supreme court, judge of the court of general sessions in the city of New York, and judge of the city court of the city of New York, fifteen hundred signatures;

For any office to be filled by all the voters of a city containing more than a million inhabitants, fifteen hundred signatures;

For any office to be filled by all the voters of any other city of the first class or of any county or borough containing more than two hundred and fifty thousand inhabitants, according to the last preceding federal or state enumeration, one thousand signatures;

For any office to be filled by all the voters of any county or borough containing more than twenty-five thousand and not over two hundred and fifty thousand inhabitants according to the last preceding federal or state enumeration, or of any city of the second class, or of any congressional or senatorial district, five hundred signatures;

For any office to be filled by all the voters of any other county or of any city of the third class or of any assembly district, two hundred and fifty signatures.

For any office to be filled by the voters of any political subdivision contained within another political subdivision, not to exceed the number of signatures required for such larger subdivision; and for any office to be filled by the voters of a subdivision containing more than one assembly district, county or other political subdivision, not to exceed the aggregate of the signatures required for the subdivisions or parts of subdivisions so contained.

5. All papers signed and verified in the manner and form above prescribed for the purposes of designating the same candidate for nomination for the same public office or the same party position shall, when bound together and offered for filing as provided in this chapter, be deemed to constitute one petition with respect to said candidate.

No enrolled voter shall join in designating a greater number of candidates for party nominations for a public office or for election to a party position than the number of persons to be elected thereto. Where an enrolled voter shall sign any petition or petitions designating a greater number of candidates than he is permitted to designate as

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