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with a county clerk or the board of police commissioners of the city of New York, or the board of elections of the city of Brooklyn, if party nominations, at least twenty and not more than thirty days; if independent nominations, at least fifteen and not more than thirty days; those required to be filed with the city clerk of any other city, if party nominations, at least ten and not more than twenty days; if independent nominations, at least eight and not more than twenty days; those required to be filed with a town or village clerk, if party nominations, at least six and not more than twenty days; if independent nominations, at least five and not more than twenty days. L. 1890, ch. 262, SS 8, 38. L. 1891, ch. 296.
8 60. Certification of nominations by the secretary of state.- The secretary of state shall, immediately upon the expiration of the time within which certificates of nomination may be filed with him, certify to the county clerk of each county, except New York, to the board of police commissioners of the city of New York and to the board of elections of the city of Brooklyn, the name, residence and place of business, if any, of each candidate nominated in any certificate so filed, for whom the voters of such county or city, respectively, may vote. L. 1890, ch. 262, 8 9.
$ 61. Publication of nominations.- At least six days before an election to fill any public office, the county clerk of each county, except New York, the board of police commissioners of the city of New York, and the board of elections of the city of Brooklyn, shall cause to be published in not less than two nor more than four newspapers within such county or city respectively, a list of all nominations of candidates for offices to be by the secretary of state, or filed in the office of such clerk or board. Such publication shall contain the name and residence, and if in a city, the street number of the residence, and place of business, if any, and the party or other designation of each candidate.
The city clerk of each city, except New York and Brooklyn, shall at least six days before an election of city officers thereof, held at a different time from a general election, cause like publication to be made as to candidates for offices to be filled at such city election, in at least two 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 cast the largest number of votes in the state; 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 cast the next largest number of votes in the state. The clerk or board, in selecting the respective papers for such publication, shall select those which, according to the best information he can obtain, have the largest circulation within such county or city. In making additional publications the clerk or board shall keep in view the object of giving information, so far as possible, to the voters of all political parties; and in no event shall addi. tional publications be made in two newspapers representing the same political party.
The clerk 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 skall be made in each of such newspapers. Should the county clerk 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. L. 1890, ch. 262, $ 10. (See Form 7, post p. 473.)
8 62. 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 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. L. 1890, ch. 262, $ 38.
$ 63. Lists for town clerks and aldermen.— The county clerk of each county, except 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, except Brooklyn, 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, and party or other designation of each candidate nominated 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 each town or ward, one of which shall be at each polling place. L. 1890, ch. 262, 8 11 (See Form 6, post p. 472.)
$ 64. Declination of nomination. The name of a person nominated for a town or village office, shall not be printed on the official ballots, if he shall before the ballots are printed, give written notice that he declines such nomination to the town or village clerk. The name of a person nominated for any other office shall not be printed on the official ballots if he notifies the 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. If a party nomination,
if an independent nomination at least ten days before the election. The officer to whom such notification is given shall forth with inform, by mail or otherwise, one or more persons whose names are attached to the original certificates of nomination, that such nomination has been declined. L. 1890, ch. 262, 8$ 12, 38. (See Form 8, post p. 473.)
$ 65. Objections to nomination certificates and determination thereof.- À certificate of nomination which is in apparent conformity with the provisions of this article shall be valid, unless written objection thereto shall be filed in the office in which the certificate is filed within three days after the filing of the certificate. If such objection be filed, notice thereof shall be forthwith mailed to all candidates who may be affected thereby, addressed to them at their respective places of residence, as given in the certificate.
The officer with whom the certificate is filed, shall, in the first instance, pass upon the validity of such objection, and his decision shall be final, unless an order shall be made in the matter by a court of competent jurisdiction, or by a justice of the supreme court at chambers, on or before the Wednesday preceding the election. Such order may be made summarily upon application of any party interested, and upon such notice of not less than twenty-four hours, as the court or judge may require. L. 1890, ch. 262, 8 13.
$ 66. Filling vacancies in nominations.- If a nomination is duly declined or a nominee dies before election day, or if any certificate of nomination is insufficient or inoperative, any vacancy thus occasioned, may be filled in the manner required for original nominations, or, if it be an independent nomination, in the manner required for filling vacancies in the original certificate. If it be a party nomination and the primary or convention making it has delegated to a committee the power to fill vacancies, such committee may fill the same. The chairman and secretary of such committee shall thereupon make and file with the proper officer a certificate setting forth the cause of the vacancy, the name of the new nominee, the office for which he is nominated, the name of the original nominee, the fact that the committee was authorized to fill vacancies, and such further information as is required to be given in an original certificate of nomination. The certificate so made shall be executed and sworn to in the manner prescribed for the original certificate of nomination, and shall be filed in the office in which the original certificate is filed, at least two days before the election, if filed in the office of a town or village clerk, and at least eight days before the election if filed elsewhere, and upon being so filed shall have the same force and effect as an original certificate of nomination. When such certificate shall be filed with the secretary of state he shall, in certifying the nomination to the various county clerks, and city boards, insert the name of the person who has thus been nominated to fill a vacancy in place of that of the original nominee; or if he has already sent forward his certificate, he shall forthwith certify to the proper clerks and boards the name and description of the person so nominated to fill a vacancy, the office he is nominated for, together with the other details mentioned in the certificate of nomination so filed with the secretary of state, and the name of the person for whom such nominee is substituted. L. 1890, ch. 262, § 14. (Post, p. 2386.)
ARTICLE IV. PREPARATION OF OFFICIAL BALLOTS, SAMPLE BALLOTS AND
INSTRUCTION CARDS; DISTRIBUTION THEREOF TO POLLING
81. Form of official ballots for candidates for office.