Opinion
October 15, 1984
Appeal from the Supreme Court, Albany County (Pennock, J.).
All of the pages of the independent nominating petition involved in this case stated that the public office being sought would be "voted for at the election to be held on the eleventh day of September, 1984". In fact, the nominating petition intended to gain a place on the ballot at the general election to be held on November 6, 1984. Since the date of the election is information statutorily required to appear on each sheet of an independent nominating petition (Election Law, § 6-140, subd 1), strict compliance therewith is necessary in order to overcome a challenge to the petition on that basis (see Matter of Hutson v Bass, 54 N.Y.2d 772, 774).
Accordingly, both the State Board of Elections and Trial Term erred in not sustaining petitioner's objection to the nominating petition on the basis that the date of the election was improperly stated on the pages of the petition. The application in this proceeding should be granted and the nominating petition declared invalid.
Judgment reversed, on the law, without costs, petition granted and nominating petition declared invalid. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.