In re the Objections of Bulger
This is аn appeal from the decision of the Oswego county clerk overruling the objections mаde to the filing of the certificates of independent nominations.
Only two objections will be considered.
First. Section 57 of the Election Law provides in part that the certificate of nomination and each separate paper thereof, if there be more than one such paper, shall contain the following declaration which shall be subscribed to by the signers thereof. “ We the undersigned duly qualified eleсtors of the district for which the nomination for public office is hereby made under the provisions оf section fifty-seven of the election law, do hereby declare that it is our intention to supрort at the polls the candidacy of the person or persons herein nominated for рublic office.” It is claimed that the nomination certificates are defective for the rеason that the statement quoted above was not printed on each separate sheet of the certificates of nomination. The certificates are composed of several separate sheets firmly hound together with metal binding pins. Upon the first sheet of each certificate is printed all the provisions required by section 57 of the Election Law. To this sheet is attached several blank sheets containing the signatures. The last sheet attached cоntains the notary’s certificate in the form prescribed in section 57 of the Election Law. A convenient method is thus afforded by which several persons, each using a single certificate, as described above, which complies with the requirements of section 57 of the Election Law, could obtain signatures at the same time. When the required number of signatures were obtained, all the cеrtificates were bound firmly together and presented to the county clerk for filing.
It is unnecessary thаt the above-quoted provisions of section 57 of the Election Law should appear оn each separate sheet of the certificates. The law is satisfied if the sheet to which the other sheets are attached contains all the required provisions of section 57. The Election Law must
Second. It is also contended that the certificates are defectivе for the reason that some of the signers took the oath and acknowledgment before certain notaries who were candidates for office. The objection is not forceful. Thе rule that an interested party to an instrument cannot take the acknowledgment of another party should not be extended to the present case. In view of the rule that the Election Lаw should be liberally construed, the will of over 500 electors whose names appear on these certificates should not be thwarted by a narrow and technical contention that the same formalities and precision should be observed in a case like the present, that are necessary in instruments involving the conveyance of real estate. Ho one is prejudiced. A person signing an instrument cannot, in his capacity of notary, take the acknowledgment of another person also signing it. This rule has been applied to coincorporators. Peоple ex rel. Erie R. Co. v. Board Railroad Comrs.,
It appearing to my satisfaction that the decision of the county clerk was in all respects legal and valid, his decision is affirmed.
Decision of county clerk affirmed.