L. 1922, ch. 588. Designation and nomination of candidates. § 132. a copy thereof shall not have been filed previously, be attached to the certificate. The provisions of the section are subject to the provisions of this article relating to nominations to fill vacancies in nominations and nominations by a new party. Source.-Former Election Law (L. 1909, ch. 22), §§ 45, 54, 91, with provision for authorizing nomination of town officers at fall primary where town meeting occurs on general election day. § 132. Conventions.-1. A state or judicial district convention shall be constituted by the election at the preceding fall primary, from each assembly district, of delegates and of any alternate delegates provided for by party rules. The number of delegates and alternates, if any, from each district shall be determined by party rules, but the number of delegates from each assembly district shall be substantially in accordance with the ratio which the number of votes cast for the party candidate for governor at the last preceding general state election in such unit bears to the total vote cast at such election for such candidate in the entire state, and the number of alternates from any assembly district shall not exceed the number of delegates therefrom. If, by reason of a change in the boundaries of assembly districts after an election of governor, the exact vote at such election in the territory constituting an altered district is not ascertainable, such vote, for the purposes of this section, shall be estimated. The delegates certified or adjudicated to have been elected as such, in the manner provided in this chapter, shall be conclusively entitled to their seats, rights and votes as delegates to such convention. When a duly elected delegate does not attend the convention, his place shall be taken by one of the certified alternates, if any, to be substituted in his place, in the order in which the name. of such alternate appears upon the certified list, and if no alternates shall have been elected or if no alternates appear at such convention, then the delegates present from the same assembly district shall select a person to fill the vacancy. 2. The time, subject to the provisions of section one hundred and forty, and the place of meeting of a state convention shall be fixed by the state committee and the time and place of meeting of a judicial district committee shall be fixed by a committee appointed pursuant to the rules of the state committee. The room designated for the meeting place of a convention shall have ample seating capacity for all delegates and alternates. Every convention shall be called to order by the chairman of the committee with whom the call originates or by a person designated in writing for that purpose by such chairman, or, if he fails to make such designation, then by a person designated in such manner as the rules of the party shall prescribe. Such chairman or persons designated shall have the custody of the roll of the convention until it shall have been organized. No such convention shall proceed to the election of a temporary chairman or transact § 133. Designation and nomination of candidates. L. 1922, ch. 588. any business until the time fixed for the opening thereof nor until a majority of the delegates or respective alternates named in the official roll shall be present. The roll call upon the election of a temporary chairman shall not be delayed more than one hour after the time specified in the call for the opening of the convention, provided a majority of the delegates, including alternates sufficient to make up such majority by substitution, are present. The person who calls the convention to order shall exercise no other function than that of calling the official roll of the delegates upon the vote for temporary chairman and declaring the result thereof. 3. The temporary chairman shall be chosen upon a call of the official roll. The committees of the convention shall be appointed by the convention, or by the temporary chairman, as the convention may order. Unless the convention shall otherwise order, the permanent chairman shall be chosen on roll call. When the vote of such convention is taken upon the nomination of candidates for public office, the roll of the delegates shall be called and each delegate when his name is called shall arise in his place and announce his choice, except that the chairman of a delegation from any assembly district may, unless a member of such delegation objects, announce the vote of such delegation. The convention may appoint a committee to nominate candidates to fill vacancies in nominations made by the convention and caused by the death, declination or disqualification of a candidate. The permanent officers shall keep the records of the convention. 4. Within seventy-two hours after adjournment, the minutes of the convention, duly certified by the chairman and secretary, shall be filed with the secretary of state, except that the minutes of a judicial district convention in the first judicial district shall be filed with the board of elections in the city of New York. Source.-Former Election Law (L. 1909, ch. 22), §§ 110, 113. § 133. First nominations by a new party.-When an independent body shall have become a party at a general election, nominations of such party for all offices to be filled at the first general election thereafter, and at any election held prior to such first general election, may be made in such manner as the rules of such party may provide. A certificate of such nominations, containing the title of the office for which each person is nominated, the name and residence of each such person, a representation of the device or emblem selected to designate and distinguish the candidates of such party, and, if in a city, the street number of the residence of each such candidate and his place of business, if any, shall be signed by the chairman and secretary of the body making such nominations. If such certificate shall not show such an emblem, an emblem shall be selected for such party in the manner prescribed for an independent L. 1922, ch. 588. Designation and nomination of candidates. $$ 134, 135. body. The certificate may appoint a committee to fill vacancies. No board. or officer shall receive for filing any such certificate of nomination unless a copy of the rules of such party, describing the rule-making body, also shall have been filed in its or his office. If there be any question or conflict relating to the rules or to the rule-making body, rules which a majority of the candidates of such party for offices to be filled by all the voters of the state, nominated by independent certificate and voted for at the general election at which it became a party, shall certify to have been duly adopted by a convention, committee or body thereto authorized, describing it, shall be controlling. Source. Former Election Law (L. 1909, ch. 22), § 54-a. § 134. Designation by petition of candidates at primary election.-The designation of a candidate for party nomination at a primary election or for election to party position thereat shall be by petition. Source.-Former Election Law (L. 1909, ch. 22), § 46. Section cited.-Matter of Burr v. Voorhis (1920), 229 N. Y. 382, 128 N. E. 220, affg. 192 App. Div. 909, 182 N. Y. Supp. 917. § 135. Form of designating petition.-A designating petition shall be in substantially the following form: I, the undersigned, do hereby state that I am a duly enrolled voter of the ... party and entitled to vote at the next primary election of such party, that my place of residence is truly stated opposite my signature hereto and that I intend to support at the ensuing primary and I do hereby designate the following named person (or persons) as a candidate (or as candidates) for nomination of such party for public office (or public offices) or for election to the party position (or party positions) of such party to be voted for at the primary election to be held on the day of Name of candidate 19.., as hereinafter specified. Public office or Place of residence I do hereby appoint (here insert the names and addresses of at least three persons, all of whom shall be enrolled voters of said party) as a committee to fill vacancies in accordance with the provisions of the election law. In witness whereof, I have hereunto set my hand the day and year placed opposite my signature. before me personally came (here shall be inserted the names of all the voters appearing and making oath before said officer), to me personally known, who, being by me duly sworn, each for himself or herself, said that the foregoing statement made and subscribed by him or her, was true. (Signature and official tile of officer authorized to take affidavits.) The petition also may be authenticated as to all the signatures upon a separate sheet, by appending at the bottom of such sheet an affidavit of a witness, who is a duly qualified voter of the state, as to the subscription thereof, substantially as follows: (Name of witness), being duly sworn, says: I am a duly qualified voter of the state of New York and reside at .... of ... .... ..... in the (fill in residence) in such state. I know each of the voters whose names are subscribed to the above sheet of the foregoing petition containing (fill in number) signature and each of them subscribed the same in my presence and upon so subscribing declared to me that the foregoing statement, made and subscribed by him or her, was true. (Amended by L. 1923, ch. 597, in effect May 22, 1923.) Source. Former Election Law (L. 1909, ch. 22), §§ 47, 123 adapted. Form of petition simplified. Sufficiency of statement that candidate has been communicated with.-The statement in designating petitions that the person therein named as a candidate for congress had been communicated with, and had consented to be designated for said office, is sufficient without stating the method of such communication. An application for an order restraining the board of elections from printing the name of said designee upon the ground that the petition did not comply with this section L. 1922, ch. 588. Designation and nomination of candidates. § 136. of the Election Law will be denied. Matter of Carter (1922), 119 Misc. 258, 196 N. Y. Supp. 254. Lack of venue on affidavit required by this section is not fatal. Matter of McCarthy (1922), 119 Misc. 257, 196 N. Y. Supp. 265. § 136. Rules concerning designating petitions.-1. A designating petition may designate candidates for nomination for one or more public offices or for election to one or more party positions, or both, but designations, petitions for which are required to be filed in different offices, may not be united in the same petition. All papers signed and authenticated as provided in this article for the purpose of designating the same candidate for nomination for the same public office or party position, when bound together and offiered for filing, shall be deemed to constitute one petition. in respect of such candidate. 2. A petition must be signed by not less than three per centum, as determined by the preceding enrollment, of the enrolled voters of the party residing within the political unit in which the office or position is to be voted for, provided, however, that for the following public offices the number of signatures need not exceed the following limits: for any office to be filled by all the voters of the city of New York, one thousand five hundred signatures; for any office to be filled by all the voters of any other city of the first class or of any county or borough containing more than two hundred and fifty thousand inhabitants according to the last preceding federal or state enumeration, one thousand signatures; for any office to be filled by all the voters of any county or borough containing more than twenty-five thousand and not more than two hundred and fifty thousand inhabitants, according to such enumeration, or of any eity of the second class or of any municipal court district in the city of New York or of any congressional or senatorial district, five hundred signatures; for any office to be filled by all the voters of any other county, or of any city of the third class, or of any assembly district, or of any aldermanic district in the city of New York, two hundred and fifty signatures; for any office. to be filled by the voters of any political subdivision contained within another political subdivision, not to exceed the number of signatures required for the larger subdivision; and for any office to be filled by the voters of a political subdivision containing more than one assembly district, county or other political subdivision not to exceed the aggregate of the signatures required for the subdivisions or parts of subdivisions so contained. The number of signatures on a petition to designate a candidate or candidates for the position of delegate or alternate to a state or judicial district convention or member of the state committee need not exceed the number required for a petition for member of assembly, and to designate a candidate or candidates for the position of district delegate to a national party convention need not exceed the number required for a petition for representative in congress. |