exclude from recognition as political parties, so far as making nominations by primary or convention is concerned, all new political bodies until they have obtained a following of ten thousand voters in a state election as attested on the vote for governor. Until a political party movement shall acquire that strength it must act in making nominations as an independent political body, and by independent certificate of election signed directly by electors. In such a case, also, the certificate may not use or include the name of any organized political party. It was the apparent purpose of that provision to prevent a political body from acting in the making of nominations as an independent political body if it has acquired the status entitling it to nominate by primary and convention. But a political body which has acquired the right of nominating 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 ten thousand votes on office of governor retained. Report of Atty.-Genl. (1907), 278-279.

Validity and sufficiency of certificate.-A certificate of independent nomination composed of several separate sheets, firmly bound together, constitutes but one separate paper within the meaning of this section and it is not necessary that there should appear upon each separate sheet thereof the declaration of the signers that it is their intention to support at the polls the candidacy of the person or persons therein nominated for public office. Matter of Bulger (1905), 48 Misc. 584, 97 N. Y. Supp. 232.

A certificate is not invalid because the requisite number of signatures are not found on a single sheet nor because more than one candidate is named in the same certificate. Matter of Fitzgerald (1906), 51 Misc. 491, 100 N. Y. Supp. 753; Matter of Farrell (1906), 51 Misc. 493, 100 N. Y. Supp. 754; Matter of Bennet (1907), 116 App. Div. 138, 102 N. Y. Supp. 353.

A certificate of independent nomination is not defective because some of the signers took the oath and acknowledgment before certain notaries who were nominated therein as candidates for office. Matter of Bulger (1905), 48 Misc. 584, 97 N. Y. Supp. 232.

Where sheets of two certificates for separate offices are joined together, the signatures being the same on each, it should appear from the notary's certifieate that persons who subscribed both certificates appeared and made oath before such officer as to each certificate. Matter of Independence League Nominations (1906), 51 Misc. 486, 100 N. Y. Supp. 760.

Indecipherable and illegible signatures to a certificate of nomination should be rejected, although the commissioner of elections may use the notary's certificate to aid him reading them; and illiterate electors should sign by a mark properly authenticated. Matter of Independence League Nominations (1906), 51 Misc. 486, 100 N. Y. Supp. 760.

The places of residence which the subscribers of a certificate of nomination. respectively, add to their signatures are conclusive; and where it appears upon the face of the certificate that the place of residence of a subscriber is outside the district, the commissioners should reject his name and may not resort to extrinsic evidence to show the fact that he resides in the district. Matter of Independence League Nominations (1906), 51 Misc. 486, 100 N. Y. Supp. 760.

The fact that some of the sheets of a certificate of nomination were delivered to the commissioner of elections on one day and the rest on the day following, which was the last day for filing such certificates, does not render the certificate invalid. Matter of Independence League Nominations (1906), 51 Misc. 486, 100 N. Y. Supp. 760.

When a sufficient number of signatures have been attacked by competent evidence establishing that the signers were nonresidents so as to bring the number below that required by the statute, the certificate is insufficient; affidavits showing that certain sheets were lost are insufficient to make up the deficiency in the absence of proof of the names of the signers and that any of them did sign the paper, or that it was properly executed and acknowledged. Matter of Quimby (1906), 116 App. Div. 142, 102 N. Y. Supp. 201.

Where a large number of signers to certificates of independent nominations made oath that they were duly qualified electors of the district for which the nominations were made and added their street number and named their Assembly and Senate districts, it was held that such additions to their signatures were sufficient designations of their residences, although the city and borough were omitted. Matter of Farrell (1906), 51 Misc. 493, 100 N. Y. Supp. 754.

A certificate is not to be rejected because the districts of all the candidates are not coterminous; and every elector who subscribes to it may not, therefore, vote for all the offices named therein. Matter of Farrell (1906), 51 Misc. 493, 100 N. Y. Supp. 754.

A certificate purporting to nominate several candidates for distinct offices to be voted for in several districts not coterminous does not comply with this section. Matter of Bennet (1907), 116 App. Div. 138, 102 N. Y. Supp. 353.

It is impossible to treat a certificate purporting to nominate several candidates for distinct offices to be voted for in several districts not coterminous as sufficient to nominate for one office therein named, and to treat the attempt to nominate for other offices as surplusage. Matter of Bennet (1907), 116 App. Div. 138, 102 N. Y. Supp. 353.

It is intended that the certificate naming a candidate for election in any particular district should be confined to nominating candidates in that particular district, whether the district comprises the whole state or lesser territory. Matter of Bennet (1907), 116 App. Div. 138, 102 N. Y. Supp. 353. If any person joins in a certificate of independent nomination who has joined in a certificate nominating another candidate for the same office, his signature must be disregarded. Matter of Smith (1903), 41 Misc. 501, 85 N. Y. Supp. 14.

Where the persons signing a certificate of nomination do not subscribe the oath required by the statute, the certificate has no apparent conformity with the statute and may properly be rejected on that account, although regular in all other respects. People ex rel. Oliver v. Police Commissioners (1894), 10 Misc. 200, 64 N. Y. St. Rep. 21, 31 N. Y. Supp.

467.

The oaths attached to certificates of independent nominations must be signed by the persons making such nominations, and must be filed with the certificates. People ex rel. Klinker v. Police Com'r (1893), 31 N. Y. Supp. 469.

When certificates of independent nominations are required to be filed in the same office, one of such certificates is not invalid because made for the nomination of more than one candidate, where the electors making it are qualified to make a certificate for the nomination of all the candidates named therein. Matter of Independent Nominations (1906), 186 N. Y. 268, rev'g 133 App. Div. 463.

The certificate of oath to a certificate of nomination is good, though it does not state that the signers were known to the notary or other

officer making it or that he saw them sign. Matter of McClosky (1897), 21 Misc. 365, 47 N. Y. Supp. 294.

A certificate of oath to a certificate of nomination which states that each signer made oath that he was "an elector" will be construed, in connection with the certificate of nomination, to mean an elector of the district or territory in which the nomination is being made. Matter of McClosky (1897), 21 Misc. 365, 47 N. Y. Supp. 294.

Though many electors signing a nomination certificate neglect to add their residences, if the requisite number add their places of residence to their signatures the certificate is not invalidated. Matter of Fitzgerald (1906), 51 Misc. 491, 100 N. Y. Supp. 753.

The signatures of unregistered electors to an independent certificate of nomination are effective if the time for them to register has not expired at the time they signed; if the time to register has then expired, their signatures are ineffectual. Matter of Horan (1905), 108 App. Div. 269, 95 N. Y. Supp. 607.

Where a certificate of an independent nomination is insufficient, a committee, named in the certificate to fill any vacancy, is not legally designated and has no power to fill a vacancy, occurring by the declination of the candidate attempted to be nominated. Matter of Adams (1897), 21 Misc. 396, 47 N. Y. Supp. 543.

Name and emblem.-Where there is a contest between several sets of local Independence League nominations, the certificate first filed under that title is entitled to preference, provided that it was filed by the same independent body." Matter of Ind. Nominations (1906), 186 N. Y. 268, rev'g 103 App. Div. 463.

When a body of voters meets for the purpose of organizing an independent ticket and a committee has been appointed which adopts an emblem and a name and subsequently files a petition naming a candidate for the head of the ticket and a committee has been appointed to take charge of the canvass and nomination, the name and emblem adopted by such committee and the persons representing them are to be considered as belonging to that political movement. Matter of Folks (1909), 134 App. Div. 376, 119 N. Y. Supp. 71, aff'd 196 N. Y. 540.

Electors in several districts, who are in general sympathy with the nominators of the city, county and borough candidates, have a right to nominate by petition district candidates and to adopt the same name and emblem as that chosen by nominators of the general candidates. Matter of Wechsler (1909), 134 App. Div. 378, 119 N. Y. Supp. 79.

All electors who hold the same general political views as the city, county and borough candidates have a right to use the same name and emblem for district candidates. Matter of Wechsler (1909), 134 App. Div. 378, 119 N. Y. Supp. 79.

Where district nominations are made by two different nominators, both claiming to be in general sympathy with the city, county and borough candidates, the views of a committee appointed at a mass meeting to nominate the city, county and borough candidates are entitled to great weight on the question as to which of the district nominees are in sympathy with the general ticket. Matter of Wechsler (1909), 134 App. Div. 378, 119 N. Y. Supp. 79.

Neither the board of elections nor the court can interfere with the use of a name and emblem selected by an independent party in its certificate of nomination unless some reason is shown why the name or emblem should not be used, or unless some other party has a prior right thereto. Matter of Wechsler (1909), 134 App. Div. 378, 119 N. Y. Supp. 79.

Where a number of independent electors have adopted an emblem and the party name of "Square Deal Party" and nominated a candidate for mayor of the city of Syracuse and a committee representing them has been chosen to fill out the remainder of the ticket, the regular Republican candidate for assemblyman may not procure a petition nominating him for the assembly as an independent candidate under the name and emblem of the " Square Deal Party," without the consent of such committee, and, by filing the petition first, acquiring the right to have his name upon the ticket under such party name and emblem. Matter of Com'r of Elections (1909), 64 Misc. 620, 120 N. Y. Supp. 580.

Use of name of any organized political party. This section absolutely prohibits a certificate of independent nomination from including the name of any organized political party, and a certificate filed in 1903 which states the words selected for the designation of the independent party as "The Independent Republican Party" is a clear violation of the statute. Matter of Smith (1903), 41 Misc. 501, 85 N. Y. Supp. 14.

Use of the name "National Democratic Party" held not a violation of the rights of the "Democratic party." Matter of Greene (1896), 9 App. Div. 223, 41 N. Y. Supp. 177.

The adoption by a body of independent voters in a certificate of nomination for a member of assembly of the name "Independent Democratic Party" violated this section, as it includes the name of an organized political party. Matter of Carr (1904), 94 App. Div. 493, 88 N. Y. Supp. 107.

The name "Social Democratic Party" is substantially the same as "Democratic Party," and the use thereof is prohibited by this section. Matter of Social Democratic Party (1905), 182 N. Y. 442, rev'g s. c. 105 App. Div. 243, 93 N. Y. Supp. 1023, which aff'd 45 Misc. 194, 91 N. Y. Supp. 941.

The name used in this state should be amended by conforming it with that of the national party of which the local party is a branch. Matter of Social Democratic Party (1905), 182 N. Y. 442, rev'g 105 App. Div. 243, 93 N. Y. Supp. 1023, which aff'd 45 Misc. 194, 91 N. Y. Supp. 941.

Qualification of assembly nominee.-Whether a nominee is disqualified because he is a commissioner of deeds must be determined by assembly if he is elected as a member of assembly. Matter of Independent Nominations (1906), 186 N. Y. 268.

Qualifications for signing independent petition.-To disqualify an elector for signing an independent petition, he must not only have voted at the primary election, but he must have voted for a candidate for the office sought to be filled by the petition or for delegates to a convention called to name such a candidate. Matter of Commissioner of Elections (1909), 64 Misc. 620, 120 N. Y. Supp. 580.

Participation in a so-called caucus choosing independent nominees does not debar the participant from joining in the execution of an official certificate of an independent nomination. Rept. of Atty.-Gen. (1911), Vol. 2, p. 269.

After participating in one independent nomination a voter is disqualified from participating in another independent nomination to the same office. Rept. of Atty.-Gen. (1911), Vol. 2, p. 248.

An elector to be qualified to sign a certificate of independent nomination need not have been registered at the time; it is sufficient if he

registers before his name is counted. People ex rel. Steinert v. Britt (1911), 146 App. Div. 683.

Fraudulent and forged signature. Where five per cent. of the names of the subscribers, appearing upon a given sheet are fraudulent and forged, such sheet shall not be considered a valid part of the nominating certificate notwithstanding that the remaining signatures thereon are genuine. Matter of Terry (1911), 146 App. Div. 520, 521, aff'd 203 N. Y. 293.

The provisions of this section with reference to validity of sheets where five per centum of the names appearing thereon are fraudulent or forged has no application to a signor who has failed to register. The statute does provide that his name shall not be counted and the court is not warranted in holding that such failure to be a legal fraud within the meaning of this section. The duplication of names, however, must be regarded as fraudulent under the statute and the same cannot be counted wherever such duplication appears. Matter of Independent Certificate (Mayor of Cohoes) (1912), 78 Misc. 84.

As to when independent certificate will be declared void by reason of names of persons not registered and duplicated names, see, also, Matter of Independ ent Certificate (Assessors of Cohoes) (1912), 78 Misc. 86.

Where, after a certificate for independent nomination for member of assembly had been signed and verified by 519 electors, it was discovered that the candidate was ineligible for the office and without authority from any of the signers the name and address of another person was pasted over the name and address of the original address and without further signature and verification said certificate was filed with the board of elections, the certificate "is fraudulent and forged," within the meaning of this section, as to every name appearing thereon and is to no effect. That the person who made the change acted in good faith under legal advice does not alter the legal effect of his act. Matter of Shook (1912), 78 Misc. 89.

Evidence of signature by election. Although section 123 provides that an affidavit by an elector that he did not sign the sheet shall be "prima facie evidence" that he did not do so, the same effect is to be given to each form of expression. Both the notarial certificate and the affidavit are prima facie, not conclusive, evidence of the fact of signature which, when questioned, is to be determined by the court. Matter of Terry (1911), 146 App. Div. 520, 521, aff'd 203 N. Y. 293.

§ 124. Emblems.

It shall be the duty of the state committee of a party to select some simple device or emblem to designate and distinguish the candidates of the party for public office. Such device or emblem shall be shown by a representation thereof upon a certificate signed and duly executed by the chairman and secretary of such state committee, which certificate shall be filed with the secretary of state, and such device or emblem, when so filed, shall in no case be used by any other party or any independent body. When any independent body shall make a nomination of a candidate or candidates