depend upon the particular facts, and the determination of the question rests in the Supreme Court. Matter of Darling (1907), 189 N. Y. 570, aff'g 121 App. Div. 656, 106 N. Y. Supp. 430.

Where a certificate of nomination of town officers, intended to be filed in the county clerk's office, is delivered by the chairman of the town convention, in good faith, to the town clerk on the latter's demand and statement that it is his duty to file it with the county clerk, and the town clerk retains it twentyfour hours and mails it to the county clerk so late on the last day for filing that it does not reach the county clerk's office until the next day, and the circumstances indicate, on the part of the town clerk, fraud or a design that the certificate should not be filed in time, an order should be made requiring the county clerk to print the names of the candidates upon the official ballot. People ex rel. Simmons v. Ham (1907), 56 Misc. 112, 106 N. Y. Supp. 312. Writ of mandamus denied where former nomination valid. People ex rel. McGrath v. Dooling (1910), 141 App. Div. 29.

Mandamus will not issue to compel the acceptance and filing of certificates of nomination, if they are not tendered for filing twenty days before the election, as required by this section. People ex rel. Steinert v. Britt (1911), 146 App. Div. 684, 131 N. Y. Supp. 455.

Where the last day on which certificates of nomination may be filed, as provided in section 128 of the Election Law, occurs on Sunday, such certificates must be filed on the Saturday before. Report of Atty.-Gen. (1911), Vol. 2, p. 647.

Mandamus will lie to require the filing of a proper certificate, even though the time specified within which a certificate may be presented has not yet arrived, if it may justly be inferred that defendants will refuse to file any certificate, except one which shall comply with the requirements of the statute. People ex rel. Hotchkiss v. Smith (1912), 152 App. Div. 514.

§ 129. Certification of nominations by secretary of state.

The secretary of state shall, fourteen days before the election, or nine days before a special election, certify to the board of elections of each county, and to the board of elections of the city of New York, the name, residence and place of business, if any, of each candidate either nominated in any certificate so filed with him, or to whom he has issued a certificate, for whom the voters of any such county or said city, respectively, may vote, the title of the office for which he is nominated, the party or other political name specified in such certificate, and the emblem or device chosen to represent and distinguish the candidates of the political party or independent body making such nominations.

Derivation: Election Law, § 60, as amended by L. 1897, ch. 379, § 13; L 1901, ch. 95, § 14; L. 1905, ch. 643, § 12.

Amended by L. 1911, ch. 891, § 62, in effect Nov. 15, 1911. 'Certificate binding on local authorities.-The certificate of the secretary of state as to the names of candidates of state offices, emblems of parties and order of position on the ballot is binding on the local election authorities, and the ballot should be printed accordingly. Fernbacher v. Roosevelt, 14 Misc. 199, 35 N. Y. Supp. 898 (1895), aff'd 90 Hun, 441.

§ 130. Publication of nominations.

At least six days before an election to fill any public office the board of elections of each county, except those counties which are wholly within the city of New York, shall cause to be published in not less than two nor more than four newspapers within such county, one of which shall be a daily newspaper, if a daily newspaper is published in such county, and in any county having one hundred thousand or more inhabitants, adjoining a city having a population of one million or more, in not less than six nor more than ten newspapers, a list of all nominations of candidates for offices other than town offices to be filled at such election, certified to such board by the secretary of state, or filed with such board or certified by such board. The board of elections of the city of New York shall, within the same time before an election to fill any public office, cause to be published in two newspapers published in each borough within such city a list of the nominations of candidates for office to be voted for at such election in such boroughs respectively, which were certified to such board by the secretary of state, or filed in the office of such board, or certified by such board and in the borough of Brooklyn the board of elections shall cause such publication to be made in the newspapers designated as corporation newspapers of said borough and in one daily newspaper published in the Jewish language.

Such publication shall contain the name and residence, and if a city, the street number of the residence and place of business, if any, and the party or other designation of each candidate, and a fac simile of the emblems or devices selected and designated as prescribed by this article, to represent and distinguish the candidates of the several political parties or independent bodies. The city clerk of each city except New York, and the board of elections of the city of New York, shall at least six days before an election of city officers thereof, held at a different time from a general election, cause like publications to be made as to candidates for offices to be filled at such city election in a like number of newspapers published in such city.

One of such publications shall be made in a newspaper which advocates the principles of the political party that at the last preceding election for governor cast the largest number of votes in the state for such office; and another of such publications shall be made in a newspaper which advocates the principles of the political party that at the last preceding election for governor cast the next largest number of votes in the state for such office. The officer or board, in selecting the papers for such publications, shall select those which, according to the best information he can obtain, have a large circulation within such county or city. In making additional pub

lications, the officer or board shall keep in view the object of giving information, so far as possible, to the voters of all political parties. The officer or board shall make such publication twice in each newspaper so selected in a county or city in which daily newspapers are published; but if there be no daily newspaper published within the county, one publication only shall be made in each of such newspapers. Should the board of elections or other officer find it impracticable to make the publication six days before election day in counties where no daily newspaper is printed, he shall make the same at the earliest possible day thereafter, and before the election. Derivation: Election Law, § 61, as amended by L. 1897, ch. 379, § 14, and ch. 608, § 1; L. 1901, ch. 95, § 15; L. 1904, ch. 74, § 1; L. 1905, ch. 643, § 13. Amended by L. 1911, ch. 891, § 62; and L. 1915, ch. 673, in effect May 22, 1915 Forms. As to list of nominations to be published by county clerk, see Forms (part 12, post).

The designation of newspapers to publish lists of nominations is reviewable by writ of certiorari, and such proceeding may be instituted by the proprietor of a newspaper which has not been designated. The person or persons making such designation cannot act arbitrarily but must show good faith in carefully considering all evidence presented as to circulation. People ex rel. Press Publishing Co. v. Martin (1894), 142 N. Y. 228, 40 Am. St. Rep. 592, aff'g 72 Hun, 354.

Expense of publication. The rate of compensation fixed by section 3317 of the Code of Civil Procedure for the publication of certain legal advertisements does not govern compensation for the publication of notices under the Election Law relative to the places of registration and election in election districts and the boundaries of said districts. Mack v. City of Buffalo (1900), 32 Misc. 330, 66 N. Y. Supp. 679.

§ 131. Lists for town clerks and aldermen.

The board of elections of each county, except those counties which are wholly within the city of New York, shall at least six days before election day send to the town clerk of each town, and to an alderman of each ward in any city in the county, at least five and not more than ten printed lists for each election district in such town or ward, containing the name and residence, and if in a city the street number of residence, and place of business, if any, of all candidates whose certificates of nomination have been filed with or issued by it or been certified to it, and the party or other designation, and also a fac simile of the emblem or device of each political party or independent body nominating candidates to be voted for by the voters of the respective towns and wards. Such lists shall at least three days before the day of election be conspicu ously posted by such town clerk or alderman in one or more public places in each election district of such town or ward, one of which lists shall be so posted at each polling place.

Forms.As to printed list to be sent by board of elections clerk to each town clerk or alderman in county or city, see Forms (part 12, post).

132. Posting town and village nominations.

Each town and village clerk shall cause at least ten copies of a like list of all nominations to office filed with him for an election to be held at a time other than the day of the general election, to be conspicuously posted in ten public places in the town or village, at least one day before the town meeting or village election, one of which copies shall be so posted at each polling place of such town meeting or village election.

Derivation: Election Law, § 63, as amended by L. 1905, ch. 643, § 15. Forms. As to list of nominations to be posted by town or village clerk, see Forms (part 12, post).

8133. Declination of nomination.

The name of a person nominated for an office otherwise than by an official primary election, shall not be printed on the official ballot if he notifies the board or officer with whom the original certificate of his nomniation is filed, in a writing signed by him and duly acknowledged, that he declines the nomination, or if nominated by more than one political party or independent body, the name of a person so nominated shall not be printed on the ticket of a party or independent body whose nomination he shall in like manner decline. If the declination be of a nomination filed with the secretary of state, such notification shall be given at least twenty days before the election. If the declination be of a nomination filed with a board of elections of any county and in the counties within the city of New York with the board of elections of the city of New York, or with the city clerk of any city, such notification shall be given at least eighteen days before the election. If the declination be of a party nomination filed with a town or village clerk, such notification shall be given at least ten days, and if of an independent nomination at least seven days before the election; except that a declination of nomination to a town office in towns where town metings are held at the time of general elections, must be filed in the office of the board of elections, within the time required by this section for filing the declination of nomination to a county office and the board of elections shall forthwith notify the town clerk in writing of such declination.

When a person who was not designated for nomination at an official primary election receives a nomination for public office at such primary, it shall be the duty of the board or officer with whom desig

nations for nomination to such office are required by this chapter to be filed to forthwith notify, by mail, such person of his nomination. person nominated as aforesaid, without designation, at an official primary, may decline such nomination not later than the seventh day after the day of the primary at which he was nominated, by filing his written declination thereof, signed by him and duly acknowledged, with the board or officer with whom designations for nomination to such office are required by this chapter to be filed.

The board or officer to whom such notification is given shall forthwith inform by mail or otherwise the committee appointed on the face of such certificate as provided by sections one hundred and twenty-one and one hundred and twenty-three of this chapter, that the nomination has been declined, and if such declination be filed with the secretary of state, such officer shall also give immediate notice by mail or otherwise that such nomination has been declined, to the several boards of elections or other officers authorized by law to prepare official ballots for election districts affected by such declination.

Derivation: Election Law, § 64, as amended by L. 1897, ch. 379, § 16; L. 1901, ch. 95, § 16; L. 1902, ch. 405, § 4; L. 1905, ch. 643, § 16.

Amended by L. 1911, ch. 891, and L. 1913, ch. 820, in effect Dec. 17, 1913. Forms. As to declination of nomination, see Forms (part 12, post). Declination of nomination. As to when a nomination of another candidate, where the nominee of a convention declies the nomination, cannot be regarded as filling a vacancy, see Matter of Halpin (1905), 108 App. Div. 271, 95 N. Y. Supp. 611.

134. Objections to certificates of nomination.

A written objection to any certificate of nomination may be filed with the officer with whom the original certificate of nomination is filed within three days after the filing of such certificate, excepting that if by any independent certificate of nomination any person is nominated who is at the time or shall be after the filing of such independent certificate of nomination, the candidate of a political party for the same office and the party certificate has been filed after the filing of the independent certificate of nomination, the written objections to an independent certificate of nomination filed be filed within three days after the filing of such party certificate; and if written objections to such independent certificate of nomination have been already filed by the same or some other person and shall have been heard and determined or heard and not determined, there shall be a new hearing upon all the objections so filed, the written objections to an independent certificate of nomination filed after the filing of a party certificate as herein provided may contain all objections to such independent certificate notwithstanding the same or some other person has already filed objections to such certificate. If such objection be filed, notice thereof shall be given forthwith by mail to the committee, if any, appointed on the face of such certificate for the purposes specified in section one hundred