§ 93. Penalty for violation. Unless otherwise expressly provided in this chapter any person violating any of the provisions of articles two, three, four, four-a and four-b of this chapter is guilty of a misdemeanor. Derivation: Added by L. 1911, ch. 891, § 54, in effect Nov. 15, 1911. § 94. Perjury. All oaths administered under the provisions of this article and the preceding articles of this chapter are hereby declared to be oaths required by law, and to be necessary for the ends of publicjustice. Derivation: Formerly § 74. Renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820, in effect Dec. 17, 1913. Originally revised from Primary Election Law, pt. of § 10. ARTICLE 4-B. CONVENTIONS. New article and schedule of sections inserted by L. 1911, ch. 891, and repealed by L. 1913, ch. 820, in effect Dec. 17, 1913. ARTICLE 5.* NOMINATING CERTIFICATES; EMBLEMS; VACANCIES. Section 121. Certification and filing of nominations for town, village and certain other offices. 122. Independent nominations. 123. Independent certificates of nomination. 124. Emblems. 125. Conflict in names or emblems. 126. Supplying omitted emblems. 127. Places of filing independent certificates of nomination. 131. Lists for town clerks and aldermen. 132. Posting town and village nominations. 133. Declination of nomination. 134. Objections to certificates of nomination. 135. Filling vacancies in nominations. 136. Certificates of new nominations. 137. Death of candidate after printing of ballots, official pasters. 120. Party nominations. Repealed by L. 1911, ch. 891, § 65, in effect Nov. 15, 1911. 121. Certification and filing of nominations for town, village and certain other offices. A person nominated at a party primary for a town or village office or for a city office to be filled at an election held at a different time from the general election shall receive a certificate of such nomination. It shall be signed by the presiding officer and a secretary of such primary, or, if made by a committee, by a majority of the members thereof, who shall add to their signatures their respective places of residence, and shall make oath before an officer qualified to take affidavits that the affiants were such officers of such primary or that they are members and constitute a majority of such committee, as the case may be, and that such certificates and the statements therein contained are true to the best of their information and belief. A certificate that such oath has been administered shall be made and signed by the officer before whom the same was taken and attached to such certificate of nomination. Such certificate of nomination shall contain the title of the city, town or village office for which such person is nominated and his Title and schedule amended by L. 1913, ch. 820, in effect Dec. 17, 1913. name and residence. Such certificate shall also designate, in not more than five words, the name of the political party by which the nomination is made and shall be properly authenticated. Such certificate shall also, upon its face, appoint a committee of three or more persons to fill a vacancy in any of such nominations occurring for any of the reasons specified in section one hundred and thirty-five of this chapter between the date of such nomination and the day of election. Such certificate shall be filed with the clerk of such city, village or town, respectively. In towns in which town meetings are held at the time of the general election, certificates of nomination of candidates for town offices shall be in duplicate, one of which shall be filed with the town clerk of the town in which such officers are to be voted for and the other with the board of elections of the county in which such town is located. All such certificates shall be filed with such city, village or town clerk, or such board of elections, not less than twenty nor more than thirty days before the day of election. All such filed certificates and corrected certificates of nomination, all objections to such certificates and all declinations of nominations are hereby declared to be public records. Derivation: Election Law, pt. of § 56, as amended by L. 1898, ch. 335; L. 1901, ch. 654; L. 1911, ch. 891. Repealed and new section inserted by L. 1913, ch. 820, in effect Dec. 17, 1913. Cross-references. Misconduct in relation to certificates of nomination. Penal Law, § 760 (part 5, post). See also notes to Election Law, §§ 123, 124 and 125). --- Forms. For party certificates of nomination, see Forms (part 12, post). Sufficiency of certificate. A paper purporting to be a certificate of nomination for village officers made by the Independence League at a primary is not sufficient to warrant placing the names of the candidates upon the official ballot where it appears that sufficient notice of the primary was not given. Matter of Freund (1907), 53 Misc. 354, 103 N. Y. Supp. 420. § 122. Independent nominations. Nominations made as provided by this and the next section shall be known as independent nominations, and the certificate whereby such nominations are made shall be known as an independent certificate of nomination. Independent nominations of candidates for public office to be voted for by all the voters of the state can only be made by six thousand or more voters of the state; provided, however, that in making up such number at least fifty voters in each county of the state (the counties of Fulton and Hamilton to be considered as one county) shall subscribe the certificate provided for in this and the next section. Independent nominations of candidates for offices to be voted for by the voters of any political subdivision of the state can only be made by five per centum of the total number of votes cast for governor at the last gubernatorial election in such political subdivision, excepting that not more than three thousand electors shall be required to make an independent nomination in any political subdivision; and excepting that not more than one thousand five hundred electors shall be required to make an independent nomination for a borough or county office. Derivation: Election Law, pt. of § 57, as amended by L. 1899, ch. 363, §1; L. 1901, ch. 654, § 4. Amended by L. 1911, ch. 891, § 62; L. 1913, ch. 800. In effect Aug. 13, 1913. Construction.-This section was meant to cover all offices and should not be otherwise construed. Matter of Fagan, 21 Misc. 403, 47 N. Y. Supp. 288. The laws relating to independent nominations should be liberally construed. Matter of Adams (1897), 21 Misc. 395, 47 N. Y. Supp. 543. The provisions of this section contemplate only a single certificate of independent nominations for state offices, which must be subscribed and verified by at least fifty electors of each of the counties of the state, counting Fulton and Hamilton as one. Matter of McDonald (1898), 25 Misc. 80, 54 N. Y. Supp. 690. Independent nomination of alderman in New York city.-Where it appears that an assembly district and an aldermanic district in the city of New York are coterminous, the statutory rule requiring 500 signatures to a certificate of independent nomination for the office of member of assembly will, by analogy, be deemed applicable to an independent nomination for the office of alderman. Matter of Gullotta (1905), 108 App. Div. 278, 95 N. Y. Supp. 616; Matter of Fagan (1897), 21 Misc. 403, 47 N. Y. Supp. 288. Although the charter of the city of New York has been altered since the Election Law was enacted so as to provide for the election of an alderman in a district of less extension than a ward, and there is no specific provision in the Election Law for the making of independent nominations in an official district smaller than a town, ward or village, such nomination is embraced within the scope of that part of the above section which provides for independent nominations of candidates for public office to be voted for only by the electors of a town, or ward of a city or village. People ex rel. Behrmann v. Voorhis (1901), 168 N. Y. 367, 61 N. E. 283, aff'g 65 App. Div. 11, 72 N. Y. Supp. 293. Independent nomination of supervisor.-As to number of signatures necessary in order to make an independent nomination for the office of supervisor, see Report of Atty.-Gen. (1903), 438. Right to nominate by independent certificate.-A political body which has acquired the right to nominate by primary and convention thereby loses its right to nominate by independent certificate of nomination, continuing during the period in which the party nominating status or strength of 10,000 votes on office of governor is retained. Opinion of Atty.-Gen., rendered Feb. 15, 1907. As to nomination of regular party candidates by independent party, see Fernbacher v. Roosevelt (1895), 90 Hun, 411, aff'g 14 Misc. 199, 35 N. Y. Supp. 898. Conflicting nominations.-When there is a contest over two certificates signed by different nominators, the preference of the committee in charge of the general ticket should have great weight in determining who shall be candidate in that column. Matter of Folks (1909), 134 App. Div. 376, 119 N. Y. Supp. 71, aff'd 196 N. Y. 540. A certificate filed with the Board of Elections, nominating candidates of another party, who are in opposition to the ticket on which they desire to be placed, should not be recognized merely because it is the first certificate filed. Matter of Folks (1909), 134 App. Div. 376, 119 N. Y. Supp. 71, aff'd 196 N. Y. 540. Validity of independent certificate.- Where the progressive party authori ties fail to nominate a candidate for supreme court justice and subsequently a certificate signed by the requisite number of electors of said party was duly filed, each signer making oath to support such candidate at the poils, the court is not justified in declaring such certificate invalid, it having been filed in time with the secretary of state. Matter of Hasbrouck (1912), 77 Misc. 677. Constitutionality. The election law in so far as it requires independent nominations for candidates for public office, other than municipal candidates, to be voted for in a district less than the whole state, but greater than a town or ward of a city and for a candidate for member of assembly, to be signed by more than five hundred voters, is unconstitutional and void. People ex rel. Hotchkiss v. Smith (1912), 206 N. Y. 231. The amendment of 1911 requiring the signatures of 1500 voters for a valid independent nomination, other than for municipal offices to be voted for in a district less than the whole state, but greater than a town or ward of a city, except that 800 voters or more of an ascertainable district may make such nomination for member of assembly to be voted for in such district, is unconstitutional and void, because in some districts of the state the requirements of the statute are such as unreasonably to deny the electors equality of opportunity to vote for the candidate of their choice. People ex rel. Hotchkiss v. Smith (1912), 152 App. Div. 514. While the scheme of the 1911 amendment may not operate to hinder unreasonably the electors in some districts, the court will not attempt to separate the good from the bad and the act must fall as a whole. People ex rel. Hotchkiss v. Smith (1912), 152 App. Div. 514. Waiver of defendant as to number of signatures.- Persons seeking to review an independent political nomination may waive in open court any ob jection that might be made upon the ground that the number of persons signing the petition is insufficient under the Election Law. Matter of O'Brien (1912), 152 App. Div. 856. Number of signatures for judicial nomination.-It seems that 900 signers to a petition for an independent nomination for justice of the supreme court is not sufficient and that the statute requiring 1500 signers is not uncon. stitutional. Matter of O'Brien (1912), 152 App. Div. 856. Right of electors to make nominations after political organization has failed to do so. The failure of the National Progressive party, an incorporated independent political organization, and its committee, to make any nomination for justice of the supreme court in the third judicial district did not bar the members of the party from making it. Such nomination would be invalid if it were shown that the signers of the petition were outsiders, not members of said party and were attempting to appropriate its emblem to themselves. Matter of O'Brien (1912), 152 App. Div. 856. Nomination of candidate nominated on other ticket. Where the progressive party failed to make the nomination for justice of the supreme court, the |