136 N.Y.S. 243 | N.Y. Sup. Ct. | 1912
There was received at the office of the secretary of state on March 11, 1912, the last day under the law for filing designations for party nominations (Election Law, § 49, subd. 2, as amd. by Laws of 1911, chap. 891), a petition designating Charles H. Swarthout as a Democratic candidate for member of the state committee for the fortieth senatorial district, composed of the counties of Cayuga, Seneca and Cortland. The petition came in two parts, one from Seneca county, containing 241 names, and one from Cayuga, containing 191 names, a total of 432; none came from Cortland county. On March twelfth two other papers came by mail to the office of the secretary of state, each from. Cayuga county, containing the same designation, one having 20 names and the other 18 thereon. It is conceded that under the Election Law (§ 48) 451 names were requisite to constitute a valid petition for a party nomination for the position in question, there having been 11,268 votes cast for the Democratic candidate for governor in that senatorial district at the last gubernatorial election. It is conceded that 11 names on the papers filed in the office of the secretary
It appears that the secretary of state, tinder some misapprehension of the law, has sent forth a certificate of the nomination of Mr. Swarthout to the custodians of primary records of Oayuga and Seneca counties.
These custodians should be directed to return these certificates to the secretary of state and the application of the petitioner should be granted.
Application granted.