Opinion
August 2, 1943.
Present — Crosby, P.J., Cunningham, Taylor, Harris and McCurn, JJ.
Order reversed on the law and proceeding dismissed, without costs of this appeal to any party. Memorandum: The failure of the Election Law (§ 135) to require that signatures to nominating petitions must be made with any particular device is significant in view of the provisions of other sections of the statute, such as sections 171 and 208; and in the cases which have been called to our attention where it is held that pencil signatures are invalid, such holdings were not necessary to determine the invalidity of such petitions. All concur. (The order directs the Board of Elections to reject for lack of valid signatures the American Labor Party petition purporting to designate certain persons for nomination.)