Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση
[blocks in formation]

§ 45. Direct nomination of candidates for public office.-Party nominations for all offices to be filled at a general election, except town, village and school district offices and electors of the president and vice-president of the United States, shall be made at the fall primary next preceding such general election by the enrolled voters of the party as in this chapter provided. Nominations of party candidates for town, village and school district offices shall be made in the manner prescribed by the rules and regulations of the county committee of the county wherein such town, village or school district is located.

Nothing contained in this chapter shall prevent a party from holding party conventions, to be constituted in such manner, and to have such powers in relation to formulating party platforms and policies and the transaction of business relating to party affairs, as the rules and regulations of the party may provide, not inconsistent with the provisions of this chapter. Delegates to any such convention and members of party committees, other than members of state and county committees, shall not be chosen at official primaries or otherwise at public expense. (Added by L. 1911, ch. 891 and amended by L. 1913, ch. 820, in effect, December 17, 1913.)

[See Supplement, Vol. 1, p. 838.]

§ 46. Designations; how made.-Designations of candidates for party nominations or for election to party positions shall be by petition only, in the manner provided by this chapter. (Inserted by L. 1913, ch. 820.) § 47. Meetings of committees for purposes of designation.-(Repealed by L. 1913, ch. 820.)

[See Supplement, Vol. 1, p. 840.]

§ 48. Designations by petition.-Every petition for the designation of a candidate for party nomination or for election to a party position shall be in substantially the following form:

I, the undersigned, do hereby certify that I am a duly enrolled voter of the party, as herein below specified, and entitled to vote at the next primary election of said party, and I do hereby designate the following named person, or persons, as a candidate, or candidates, for nomination by the party for public office, or offices, or as a candidate or candidates for election to the position or positions,

...

L. 1913. ch. 820.

Party nominations and designations.

§ 48.

of the said party to be voted for at the official primary election to be held on the A. D., ...

.. day of

......

as hereinafter specified, and it is my intention to support at the ensuing primary the candidacy of the person or persons and each of them herein designated by me.

Public office

Name of candidate.

or party position.

Place of residence.

I do hereby appoint (here insert the names and addresses of at least three persons) 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.

[blocks in formation]

before me personally came (here shall be inserted the names of each and every voter appearing and making oath before the said officer) each of whom was to me personally known and known by me to be the voter whose name and place of residence is subscribed by him to the foregoing certificate and each of the foregoing voters being by me duly and severally sworn did make oath that he is a voter and has truly stated his residence, and that it is his intention to support at the polls the candidacy of the person or persons designated for nomination for public office in the foregoing certificate of designation, if the same are nominated.

(Signature and official title.)

A petition for the designation of candidates for party nomination or for election to party position may designate candidates for nomination

8 49.

Party nominations and designations.

L. 1913, ch. 820. for one or more public offices, or for election to one or more party positions, or both.

Petitions for the designation of candidates for party nominations or for the election of candidates to party positions or both shall be signed by enrolled voters resident within the political subdivision or unit of representation for which the nomination or election is to be made to a number equivalent to not less than three per centum of the total number of enrolled voters of the party residing within said political subdivision or unit of representation, as determined by the last preceding enrollment, provided, however, that for the following officers the number of signatures need in no case exceed the following fixed limits:

For the office of United States senator or for any office to be filled by all the voters of the state, three thousand signatures;

For any office to be filled by all the voters of a city containing more than a million inhabitants, fifteen 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 over two hundred and fifty thousand inhabitants according to the last preceding federal or state enumeration, or of any city of the second class, 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, two hundred and fifty signatures.

All papers signed and verified in the manner and form above prescribed for the purpose of designating the same candidate for nomination for the same public office or the same party position shall, when bound together and offered for filing as provided in this chapter, be deemed to constitute one petition with respect to said candidate.

No enrolled voter shall join in designating a greater number of candidates for party nomination for a public office or for election to a party position than the number of persons to be elected thereto. Where an enrolled voter shall sign any petition or petitions designating a greater number of candidates than he is permitted to designate as aforesaid his signatures, if they bear the same date, shall not be counted, and if they bear different dates they shall be counted in the order of their priority of date and only so far as he was entitled to make designations. (Added by L. 1911, ch. 891, and amended by L. 1913, ch. 820, in effect December 17, 1913.)

[See Supplement, Vol. 1, p. 840.]

§ 49. Filing of designations.-1. Where to be filed. All designations of candidates for offices and for election to party positions shall be filed

L. 1913, ch. 820.

Party nominations and designations.

§§ 50, 51.

with the officer with whom independent certificates of nomination for such office or offices are required by this chapter to be filed. All designations filed in accordance with the provisions of this section or certified copies thereof shall forthwith be conspicuously posted by the secretary of state or custodian of primary records in his office, and shall remain so posted until primary day, and shall be open to inspection as public records at all reasonable hours; and each such officer shall provide ample and sufficient facilities for keeping and posting said records and for making copies of the same. Forthwith upon the filing of a designating petition, the board or officer with whom the same is filed shall mail notice thereof to each person named as a candidate in such petition.

2. When to be filed. All designations shall be filed not earlier than the fourth Tuesday and not later than five days after the third Tuesday preceding the primary at which the candidates therein designated are to be voted for. All designations shall at the time of the filing thereof be stamped or indorsed by the secretary of state, or the custodian of primary records, as the case may be, with the day, hour and minute of such filing. (Added by L. 1911, ch. 891, and amended by L. 1913, ch. 820, in effect December 17, 1913.)

[See Supplement, Vol. 1, p. 842.]

§ 50. Declination by person designated.-The name of a person designated as a candidate for nomination or for party position shall not be printed on the official ballot if he notifies the officer with whom the original certificate of his designation is filed in a writing signed and duly acknowledged by him that he declines the designation. Such declination, to be effective, must be filed within two days after the second Tuesday preceding the ensuing primary. The officer with whom such declination is filed shall forthwith inform by mail or otherwise the committee authorized to fill vacancies in designations, and if such declination be filed with the secretary of state, such officer shall also give immediate notice by mail or otherwise of such declination to the several custodians of primary records for the election districts affected by such declination. A vacancy created by such declination shall be filled not later than the Tuesday preceding the primary election.

If a candidate designated for nomination does not decline the designation within the time herein before mentioned, and he is thereafter nominated at the official primary election, his name shall be printed on the official ballot as the candidate of the party or body holding the primary and he shall not be permitted to decline such nomination. (Added by L. 1911, ch. 891, and amended by L. 1913, ch. 820, in effect December 17, 1913.)

[See Supplement, Vol. 1, p. 843.]

§ 51. Certification by secretary of state. The secretary of state shall, at least seven days before an official primary election, except a primary

$ 52.

Party nominations and designations.

L. 1913, ch. 820. election held to nominate candidates to be voted for at a special election, prepare and transmit to the several custodians of primary records within the political subdivisions where the candidates, designations of whom have been duly filed with him are to be voted for, a certificate setting forth the names and residences of such candidates and the titles of the offices for which they are named, and the name of the party upon whose primary ballot their names are to be placed, and the order in which such candidates' names are to be printed under the title of an office or party position, and the order of groups of candidates for the same position, if any. (Added by L. 1911, ch. 891, and amended by L. 1913, ch. 820, in effect December 17, 1913.)

[See Supplement, Vol. 1, p. 843.]

§ 52. Vacancies in designations, how filled.-If a candidate regularly designated for election to party position, or for a party nomination for public office, declines a designation or dies before the primary day, or is found to be disqualified to hold the office or position for which he has been designated, the committee to fill vacancies, if any, which may be appointed by the signers and shown upon the face of the petition of designation, may make a new designation, to fill the vacancy so created, by making and filing with the officer with whom the original designation was filed a certificate setting forth the cause of the vacancy, the name of the person designated by them, the name of the original candidate, and the name of the party for whose primary the original designation was made. Such certificate shall be subscribed and acknowledged by a majority of the members of the committee to fill vacancies, who shall severally make oath that the matters therein stated are true, to the best of their knowledge and belief, and when so filed such certificate shall have the same force and effect as the original designating petition. In case such certificate shall be filed with the secretary of state, he shall forthwith certify to the proper custodian, or custodians, of primary records the name of the person designated by such certificate and such other facts as are required to be stated therein. In case the certificate from the secretary of state shall be received by a custodian of primary records, or an original certificate of designation as in this section provided for shall be filed with him, after the official ballots have been printed and before primary day, it shall be his duty to prepare and furnish to the inspectors of election in each election district affected adhesive pasters containing the name of the candidate designated to fill the vacancy with directions for the proper use thereof. The pasters shall be of plain white paper, printed in plain black ink and in the same kind of type used in printing the names of the candidates upon the official ballots, and shall be of a size as large as and no longer than the space occupied upon the official ballot by the name of the candidate in whose place the candidate named upon the paster has been designated. Whenever such pasters are provided, the officer or board furnishing them shall certify, to the inspectors of election in the election

« ΠροηγούμενηΣυνέχεια »