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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. v. City of Buffalo (1900), 32 Misc. 330, 66 N. Y. Supp. 679.

§ 131. Lists for town clerks and aldermen.

Mack

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 conspicuously 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.

Derivation: Election Law, § 62, as amended by L. 1897, ch. 379, § 15; L. 1905, ch. 643, § 14.

Amended by L. 1911, ch. 891, § 62, in effect Nov. 15, 1911.
Consolidators' note.

The last clause of the section, "one of which shall be at each polling place," made to read "one of which lists shall be so posted at each polling place," which is the intent, but not clearly expressed.

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).

$133. Declination of nomination.

1. 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, within the time hereinafter provided, he notifies the board or officer with whom the original certificate of his nomination 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.

2. If the declination be of a nomination for an office to be filled at a general election, including a city election held at the time of a general election, but not including a town meeting held at the time of such an election, such notification shall be given at least twenty-nine days before the general election, except that if the declination be of a party nomination made by a state or judicial district convention such notification shall be given not later than the Friday following the sixth Tuesday before the general election.

3. If the declination be of a party nomination for an office to be filled at a town meeting held at the time of a general election, such notification shall be given not later than four days after the fourth Tuesday before the general 4. If the declination be of an independent nomination for an office to be filled at a town meeting held at the time of a general election, such notification shall be given not later than four days after the third Tuesday before the general election.

5. If the declination be of a party nomination for a city, town or village office to be filled at a city or village election or town meeting held at a different time from the general elction, such notification shall be given at least fifteen days before the election.

6. If the declination be of an independent nomination for a city, town or village office to be filled at a city or village election or town meeting held

at a different time from the general election, such notification shall be filed at least twelve days before the election.

7. If a declination of nomination to a town office, in towns where town meetings are held at the time of general elections, be filed in the office of the board of elections, such board shall forthwith notify the town clerk in writing of such declination.

8. 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 designations for nomination to such office are required by this chapter to be filed to forthwith notify, by mail, such person of his nomination. A 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.

9. The board or officer to whom such notification is given shall forthwith inform by mail or otherwise the committee authoized to fill the vacancy 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; L. 1913, ch. 820; L. 1918, ch. 298; L. 1920, ch. 878; L. 1921, ch. 479, in effect May 2, 1921.

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 declines the nomination, cannot be regarded as filling a vacancy, see Matter of Halpin (1905), 108 App. Div. 271, 95 N. Y. Supp. 611.

8 134. 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

and thirty-five of this article, and also to each candidate placed in nomination by such certificate. The question raised by such writ ten objection shall be heard and determined as prescribed in section one hundred and twenty-five of this article.

Derivation: Election Law, § 65.

Amended by L. 1911, ch. 649. In effect July 13, 1911.

Cross-references.-As to hearings of objections by filing officers and review of their determinations, see Election Law, § 125.

The validity of the objections to a certificate of nomination is primarily heard, investigated and decided by the officer with whom such certificate is filed, and unless an order be made by a court of competent jurisdiction his decision is final. Matter of Woodworth (1892), 64 Hun, 522, 19 N. Y. Supp. 525.

Where no objection to a certificate of nomination is filed within the time prescribed, the officer with whom the certificate is filed is bound to recognize it as valid and the persons named therein as the regular nominees. Matter of Cowie (1890), 33 N. Y. St. Rep. 710, 11 N. Y. Supp. 838.

Proper party to review.-When objections to a certificate of nomination are sustained by the board of elections a review may be had only on the application of the candidate, or of the committee representing the party which placed him in nomination. Matter of Logan (1906), 116 App. Div. 146, 102 N. Y. Supp. 200.

Any party interested may apply to the court to investigate and decide between the contending candidates, but a member of a county committee, not one of the candidates nominated, is not an interested person. Matter of Woodworth (1892), 64 Hun, 522, 19 N. Y. Supp. 525.

A person who is not one of the candidates in a certificate of nomination, but who is substituted as a party in place of the county clerk in a proceeding to review the determination of the clerk on the filing of a certificate of nomination, cannot appeal from an order of a justice of the Supreme Court ordering the county clerk to print on the official ballot the names of certain nominees. Matter of Woodworth (1892), 64 Hun, 522, 19 N. Y. Supp. 525.

On a review of a determination of the board of elections of the city of New York sustaining objections to a certificate of nomination and, rejecting such certificate, the Supreme Court can consider only the facts presented to such board of elections. Matter of Horan (1905), 108 App. Div. 269, 95 N. Y. Supp. 607.

Judicial review prior to action of board. Although no certificate for an independent nomination has been presented to the board of elections for filing, the courts will entertain a mandamus proceeding in an extraordinary case directing such board to disregard as unconstitutional the provision of a statute held to be void. People ex rel. Hotchkiss v. Smith (1912), 206 N. Y. 231.

Duty of court.-Upon an application under §§ 125 and 134 for an order decreeing a certificate of independent nomination insufficient to meet the requirements of § 123, the court must make such decision and order as justice may require. Matter of Lynch (1919), 108 Misc. 668, 178 N. Y. Supp. 30. § 135. Filling vacancies in nominations.

Except as otherwise provided in section fifty, if a nomination is duly declined, or in any case if an attempt to nominate at an official primary or at an unofficial primary held pursuant to section forty-five results in a tie or a candidate regularly nominated dies

before election day, or is found to be disqualified to hold office for which he is nominated, or if any certificate of nomination is found to be defective but not wholly void, the committee appointed on the face of such certificate of nomination or otherwise authorized by this chapter to fill the vacancy may make a new nomination to fill the vacancy so created, or may supply such defect, as the case may be, by making and filing with the proper officer a certificate setting forth the cause of the vacancy or the nature of the defect, the name of the new candidate, the title of the office for which he is nominated, the name of the original candidate, the name of the political party or other nominating body which was inscribed on the original certificate, and such further information as is required to be given by an original certificate of nomination; except that where a certificate is filed pursuant to this section to fill a vacancy, it shall not be lawful to select a new name or emblem, but the name and emblem chosen to distinguish the candidate nominated by the original certificate shall be used to distinguish the candidate nominated as provided by this section.

Derivation: Election Law, § 66, pt. of subd. 1, as amended by L. 1897, ch. 379, § 17; L. 1901, ch. 95, § 17; L. 1905, ch. 49, § 1, and ch. 643, § 17. Amended by L. 1911, ch. 891; L. T913, ch. 820; L. 1921, ch. 479, in effect May 2, 1921.

Consolidators' note.-The words "or the attempt to nominate at a primary results in a tie" were inserted in this section by L. 1905, ch. 49, but the draftsman of chapter 643 of the same year (which amended this and a number of other sections to harmonize the machinery of the Election Law with the new office of commissioner of elections of Erie county created by L. 1904, ch. 394) omitted them, presumably in ignorance of the pendency of the earlier amendment, and both bills passed the legislature without being harmonized. The result is that the original omission to cover the case of a tie vote, once cured, has been recreated. Forms. As to filling vacancies in nominations by duly authorized committees, see Forms (part 12, post).

Nominations where regular nominee declines.-Prohibition against the nomination of a person already the nominee of an independent body of voters. Matter of Halpin (1905), 108 App. Div. 271, 95 N. Y. Supp. 611. Vacancy to be filled by committee.-The vacancy caused by the refusal of a nominee, after the certificate of nomination is filed and the convention which named him has adjourned, can only be filled by the committee appointed for that purpose. Matter of Greene (1907), 121 App. Div. 693, 106 N. Y. Supp. 425.

Where a vacancy was left by a convention of the Prohibition party which was subsequently filled by the duly authorized committee of such party by nominating for office the candidate nominated by the Democratic party, the secretary of state cannot refuse to file, as invalid, a certificate of such nomination. Matter of Gillespie v. McDonough (1902), 39 Misc. 147, 79 N. Y. Supp. 182.

Contra-Committee cannot make an original nomination for an office

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