tinguish its ticket. If two or more conventions are called by different authorities, each claiming to represent the same party for that purpose, the said officer shall select a suitable device and party name to distinguish the candidates of one faction from those of the other, and the ballots shall be printed accordingly. Any questions arising with reference to any device, or to the political party or other name designated in any certificate of nomination filed pursuant to the provisions of this section, or of section fifty-seven of this article, or with reference to the construction, validity or legality of any such certificate, shall be determined in the first instance by the officer with whom such certificate of nomination is filed. Such decision shall be in writing, and a copy thereof shall be sent forthwith by mail by such officer to the committee, if any, named upon the face of such certificate, and also to each candidate nominated by any certificate of nomination affected by such decision The supreme

court, or any justice thereof, within the judicial district, or any county judge within his county, shall have summary jurisdiction upon complaint of any citizen, to review the determination and acts of such officer, and to make such order in the premises as justice may require, but such order must be made on or before the last day fixed for filing certificates of nominations to fill vacancies with such officer as provided in subdivision one of section sixty-six of this article. Such a complaint shall be heard upon such notice to such officer as the said court or justice or judge thereof shall direct. If any certificate of nomination of candidates to be voted for by the electors of the entire state, filed with the secretary of state, pursuant to the provisions of this act, shall omit to designate a device or emblem to distinguish the candidates of the political party or independent body making such nomination, it shall be the duty of the secretary of state to select a device or emblem for that purpose, and such device or emblem so chosen shall be used to distinguish all candidates of that party or independent body throughout the state, whether such candidates are nominated for state, or for local offices; and if any certificate of nomination of candidates to be filled by the electors of a district less than the entire state shall be filed with the secretary of state, or with any other public officer pursuant to this article, by a political party or independent body which has made no nomination of candidates for offices to be filled by the electors of the entire state, and such certificate of nomination shall omit to designate a device or emblem to distinguish the

candidates nominated in such certificate, it shall be the duty of the secretary of state or other public officer with whom such certificate of nomination is filed, to select a device or emblem to represent the candidates named in such certificate of nomination.

This section applies to all organized parties and puts a mere local and isolated party on the same footing as a State party and its local branches, sections or connections. Matter of Wheeler, 10 Misc. 55.

Where, at an adjourned meeting of the Republican convention, the relator was nominated as candidate for member of congress, and thereafter the former secretary of the convention, who had been deposed, acting without authority from the chairman, summoned the delegates to reassemble, and those who attended nominated another person for that office, it was held that, upon nominating the relator, the power of the convention to nominate was exhausted; that the subsequent meeting was unauthorized, and that relator was the candidate of the party and entitled to have his name placed upon the official ballot. People ex rel. Simpson v. Police Commissioners, 10 Misc. 98.

A party, which did not poll at the last preceding general election the requisite number of votes in the State to entitle it, under this section of the Election Law, as amended in 1895, to make a party nomination, can not nominate State officers. Matter of Madden, 148 N. Y. 136. The legislature provided a method by which party nominations could be made known to the voters and to the public officials intrusted with the duty of preparing the official ballot. Id. This method was to require nominations by the political party for State officers or for officers for districts larger than a county to be authenticated or certified by the nominating body to the Secretary of State, and to the county clerks of the respective counties in case of county or local nominations, and to insert the names of persons so nominated in the official ballot under a party name and emblem. Id. The purpose of the emblem is to “ designate and distinguish all the candidates of the same political party or independent body." Id. This section declares that, if any political party or independent body makes no nomination for the State office, but shall nominate for the office to be filled by the voters of the district of the State, an emblem shall be selected to designate and distinguish the candidates of that political party or independent body who are named in such certificate." Id.

Though no written objection to the nomination has been filed in the office in which the certificate was filed within three days after the filing of the certificate, as may be done under section 65 of this act, any citizen may, under the provisions of section 56 of the act, apply to the Supreme Court, or other proper authority, to review the determination and acts of the police commissioners in regard to the certificate of nomination, which has been filed. Fernbacher v. Roosevelt (Sup. Ct., 1 D., 1895), 90 Hun, 441. This section gives the proper courts summary jurisdiction,

on the complaint of any citizen, to review the acts of the officers responsible for the printing of the ballots. Id. A citizen is presumably a voter, and as the statute has provided that, upon the complaint of any citizen, the court shall redress any wrong which must have been committed, whether as against himself or against any one else, the court is bound to entertain a complaint made by him relative to the violation of the Election Law. Id.

Whether the board of police commissioners render a decision upon written objections, or in their absence, upon any question within the scope of this section, their action may be reviewed. Fernbacher v. Roosevelt (Sup. Ct., Chambers, 1895), 14 Misc. 199. This section gives the right to seek a review of their decision, after rendition, to any citizen upon application to a court or judge. Id.

This section does not require that candidates shall be nominated by the convention or primary, or by a duly-authorized committee of any convention or primary, or any political party, or authorize such nominations to be made by any convention or primary, or any nominating body. Matter of Cantine (Sup. Ct., Sp. T.,. 1895), 14 Misc. 139. Any political party, whose candidates for State offices polled 10,000 or more votes at the last general election may, by a convention of its members, a duly-authorized committee of the party, or by a primary meeting of its members, place in nomination, a full set of candidates for all State offices to be filled at the general election, and the certificates of such nomination, when made according to the provisions of this section, may be filed with the Secretary of State, as provided by section 58 of this act, and entitle such party to a separate column upon the official ballot. Id. With regard to the several districts of the State, such as the county, the senate and assembly districts, and the judiciary districts, such party may name its candidates for the several offices therein, either by a convention or primary held therefor or by a duly-authorized committee of its convention held in either the State or the district thereof, and, upon duly filing the certificates of such nominations, the names of the candidates for these offices may be printed in the column containing the names of the party's candidates for State offices, even though the party did not cast as large as 1 per cent. of the entire vote polled in the particular district. Id.

This section applies only to such organized parties, State and local, as polled at the last preceding election the number of votes required to give it the status to make nominations, viz., 10,000 votes in the case of the State party, and 1 per cent. of all the votes cast. in the locality, in the case of a local party. Matter of Hirsh (Sup. Ct., Sp. T., 1895), 14 Misc. 377. The Election Law was changed at the last session of the legislature (1895) by doing away with separate ballots for each ticket of nominations, and putting all tickets of nominations upon one ballot in separate columns, and also by requiring each ticket to be headed by an emblem, in addition to the former requirements of the party name only. Id.

§ 57. Independent nominations.- Nominations made as provided by this section shall be known as independent nominations, and the certificate whereby such nominations are made shall be known as an independent certificate of nomination. Independent nominations of candidates for public office to be voted for by all the electors of the state can only be made by six thousand or more voters of the state; provided, however, that in making up such number at least fifty electors in each county of the state (the counties of Fulton and Hamilton to be considered as one county) shall subscribe to the certificate provided for in this section. Independent nominations of candidates for municipal offices to be voted for by all the electors of a municipality can only be made if in a city of the first class by two thousand electors of such city; if in cities of the second class by one thousand electors of such city, and in other cities by five hundred electors thereof. Independent nominations of candidates for a county office in a county in which there is a city of the first class can only be made by two thousand electors of such county. Independent nominations of candidates for public office other than municipal offices to be voted for in a district less than the whole state, but greater than a town or ward of a city, can only be made by one thousand electors or more of the district, except that five hundred voters or more of an assembly or school commissioner district, may make such nomination for member of assembly or school commissioner to be voted for in such district. Independent nominations of candidates for public office to be voted for only by the electors of a town, or a ward of a city, or a village, can only be made by one hundred electors or more of such town, ward or village, except that when such town, ward or vil lage constitutes an assembly or school commissioner district, five hundred or more electors shall be required as above to make such nomination for member of assembly or school commissioner. Independent nominations shall be made by a certificate subscribed by such electors, each of whom shall add to his signature his place of residence, and make oath that he is an elector and has truly stated his residence. The making of the said oath shall be proved by the certificate of the notary or other officer before whom the said oath is taken, and it shall be unnecessary for an elector who has subscribed a certificate of nomination as herein provided, to sign any affidavit as to the matters to which he has made oath as aforesaid. The certificate shall contain the titles of the offices

to be filled, the name and residence of each candidate nominated, and if in a city, the street number of such residence and his place of business, if any; and shall designate in not more than five words the political or other name which the signers shall select, which name shall not include the name of any organized political party. All independent certificates of nomination shall, upon their face, designate and select a device or emblem to represent and distinguish the candidate of the independent. body making such nominations, as provided by the fifty-sixth section of this act. The certificate may designate upon its face, one or more persons as a committee to represent the signers thereof, for the purposes specified by section sixty-six of this act. The signatures to the certificate of nomination need not all be appended to one paper. No person shall join in nominating more candidates for any one office than there are persons to be elected thereto, and no certificate shall contain the names of more candidates for any office than there are persons to be elected to such office.

Where, owing to a wrong construction of the statute, the certificate or nomination filed did not contain an authorization to fill out the names of candidates for other offices to be placed on the ballots, and eight days before election a correct certificate was filed, it was held that such certificate be filed nunc pro tunc, and proper ballots printed and distributed. Matter of Grogan, 34 N. Y. State Rep., 635.

Where a nomination is for an office to be voted for by voters of a district larger than a county, but including a portion of the city of New York, the city of Brooklyn or the county of Kings, a certificate signed by one hundred voters was sufficient before the amendment of chap. 296 of 1891. People ex rel. Cohn v. Rice, 33 N. Y. State Rep. 712. By such amendment, the certificate, in such case, must be signed by two hundred and fifty voters.

The certificate of nomination to the office of supervisor in the city of Brooklyn, need not be signed by three thousand voters in order to warrant the representative of the signers in demanding that the name of the candidate, nominated for the office of associate judge of the court of appeals, shall be placed thereon. People ex rel. Elliott v. Kaiser, 33 N. Y. State Rep. 713.

Under this section the voters must sign both the oath and the certificate. People, ex rel. Oliver v. Police Commissioners, 10 Misc. 200. If they do not, upon signing the certificate of nomination, subscribe the oath required by the statute, the certificate, though regular in all other respects, is not in apparent conformity with the statute, and may be rejected on that account. Id. Was not this section so modified by Chap. 810 of 1895 as to do away with this requirement?

§ 58. Places of filing certificates of nomination.— Certificates of nomination of candidates for office to be filled by the electors of the entire state, or of any division or district greater than a county, shall be filed with the secretary of state, except that each certificate of nomination of a candidate for member of assembly for the assembly district composing the counties of Fulton and Hamilton, shall be filed in the office of the county clerk of Fulton county, and a copy thereof certified by the county clerk of Fulton