79 N.Y.S. 182 | N.Y. Sup. Ct. | 1902
The questions involved in this application are two, the first relating to the jurisdiction of the court in this judicial district to entertain the application, the second affecting the merits, and both in their solution resting .upon the proper construction to be given to sections of the Election Law of the State (L. 1896, ch. 909). The Prohibition party nominated, in State convention, all candidates for office except for Attorney-General. Ender section 56 of the Election Law the same convention appointed two committees, the first to nominate a candidate for Attorney-General, the second for the purposes enumerated under that section. Ro question is raised upon this application as to the regularity of the convention, or the powers delegated to the committee appointed by it to carry out its duties as prescribed by law, nor is any objection raised to the formal execution of the papers by this committee in the course of its duty. The Democratic convention, on October first, nominated John Ounneen for Attorney-General, and on October second the committee of the Prohibition party nominated the same candidate for that office. The proper certificate (Election Law, §56), was executed by this committee on October third, the same day on which the Democratic nomination of the same nominee was filed with the Secretary of State, and on the following day the Prohibition nomination was also filed with the Secretary of State.
The question affecting the merits of the application involves the construction of the following part of section 66 of the Election Law: “ When no nomination shall have been originally made by a political party, or by an independent body for an office, or where a vacancy shall exist, it shall not be lawful for any committee of such ■ party or independent body authorized to make nominations, or to fill vacancies, to nominate or substitute the name of a candidate of another party or independent body for such office; it being the intention of this act that when a candidate of one party is nominated and placed on the ticket of another party or independent body, - such nomination must be made at the time and in the manner provided for making original nominations by such p'arty, or independent body.” The Secretary of State ruled that because at the time when the certificate was filed on behalf of the candidate for Attorney-General by the Prohibition party, Mr. Guaneen was already the candidate of the Democratic party he could not be nominated by such Prohibition committee. The controversy turns on the language used in section 66 of the Election Law: “ When no nomination shall have been originally made by a political party, or by an independent body, for an office, or where a vacancy shall exist.” As I understand it, the reason for the conclusion reached by the Secretary of State was in substance that the language intended by “ original nominations,” means only those made by a convention of a political party as distinguished from those made by a committee appointed by a convention. It does not appear that the Legislature has in any way defined the phrase “ originally made by a political party,” in express terms, nor does it appear in the context that any intention is shown to distinguish between nominations made by conventions or committees of conventions as original nominations, but, on the contrary, the Legislature has provided by express enactment two ways or means of making nominations, the first by convention, and the second by a duly authorized committee of such convention. See Election Law, § 56. After so providing the law makes no distinction as to either in respect to its being original or secondary. It treats both on an equality, and in formal matters distinguishes
Ordered accordingly.