Summary
holding that "the failure to include the party name, the title of office, and the name and residence of the candidate in the certificate of nomination rendered that certificate invalid"
Summary of this case from Marchant v. N.Y.C. Bd. of ElectionsOpinion
October 21, 1994
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, the proceeding is dismissed, and the Westchester County Board of Elections is directed to remove the name of Janet M. Malang from the appropriate ballot.
The failure to include the party name, the title of office, and the name and residence of the candidate in the certificate of nomination rendered that certificate invalid (see, Election Law § 6-156; Friedman v. Abrams, 600 F. Supp. 596 [SD NY]; see also, Matter of Hutson v. Bass, 54 N.Y.2d 772; Matter of Hicks v Egan, 166 A.D.2d 735). The fact that additional documents containing that information were filed with the certificate was insufficient to comply with the statute (see, Friedman v. Abrams, supra). O'Brien, Joy and Altman, JJ., concur.
While the certificate of nomination submitted to the Westchester County Board of Elections omitted certain required information, the document entitled "Certificate of Authorization", which was executed by the presiding officer and the secretary of the nominating party, duly notarized and submitted to the Board of Elections simultaneously with the certificate of nomination, contained all of the information required by Election Law § 6-156. This was sufficient to comply with the Election Law (see, Matter of Carncross v. Salerno, 124 A.D.2d 1071). Accordingly, the Supreme Court properly directed the petitioner's name to be placed on the ballot for the General Election.