Opinion
November 1, 1911.
Paul Armitage, for the appellant.
Terence Farley and John G. Saxe, for the respondents.
Present — INGRAHAM, P.J., LAUGHLIN, CLARKE, MILLER and DOWLING, JJ.
Section 123 of the Election Law (Consol. Laws, chap. 17 [Laws of 1909, chap. 22], as amd. by Laws of 1911, chap. 649) provides for the qualification of the electors signing independent nominations. Such an independent nomination must be subscribed by the required number of such electors, each of whom shall add to his signature his place of residence and make oath that he is an elector and has truly stated his residence. But it is not required that he shall have been registered at the time he signs the certificate. The last clause of that section then provides for the counting of the persons signing such a certificate of nomination, and it is there provided that "the name of no person signing an independent certificate of nomination shall be counted unless such person shall on one of the days of registration in such year be registered as a qualified elector, * * *. For the purpose of ascertaining whether the person whose name appears on an independent certificate of nomination signed such certificate the affidavit or testimony of such person that he did not sign such certificate shall be prima facie evidence that he did not sign such certificate."
The intent seems clear that it is not necessary that the elector signing a certificate of nomination shall at the time of signing such certificate have been registered; and it will answer the requirements of the statute if, before his name is counted, he shall have been duly registered.
As it is conceded that this certificate of nomination was not tendered for filing or filed twenty days before the election, as required by section 128 of the Election Law, it follows that the court below was right in sustaining the objection to the certificate, and the order should, therefore, be affirmed.
Order affirmed.