Majority
p. 959(78 Misc. Rep. 86.) In re OBJECTIONS TO NOMINATION CERTIFICATE OF ARCHIBALD FOR ASSESSOR OF CITY OF COHOES. (Supreme Court, Albany County, at Chambers. October 25, 1912.)
Headnote
Elections (8 143*)—Independent Certificate of Nomination—Fraudulent Signatures. Where a certificate of nomination contains 549 names on 70 separate sheets, and 27 are names of persons not registered, and 9 are duplications, which appear on 10 separate sheets, on each of which 5 per cent, of the names are fraudulent, the certificate is void.[Ed. Note.—For other cases, see Elections, Cent. Dig. § 121; Dec. Dig. § 143.*]
In the matter of objections to nomination certificate of Andrew Archibald, Jr., filed for the nomination of assessor of the city of Cohoes. Certificate declared invalid.
Charles Templeton, of Albany, for objectors.
Walter H. Wertime, of Cohoes, for respondents.
The certificate contains 549 names on 70 separate sheets. Of these 27 are names of persons not registered and 9 are duplications. The duplicated names appear on 10 separate sheets containing 88 other names, on each of which 5 per centum of the names are fraudulent.’
Applying the principles stated in the Matter of William Baillee, Candidate for Mayor, 137 N. Y. Supp. 957 , decided herewith, there must be deducted 27 names of persons not registered, 18 for duplicated names and 88 under the 5 per centum rule, a total of 133, leaving but 416 upon the certificate to be counted.
The certificate must be declared void.