In re the Independent Certificate of Nomination of Smith
New York Supreme Court
Review of the determination of the county clerk of Fulton county in respect to the use of the name “ Independent Republican Party ” as a political name in an independent certificate of nomination.
1Opinion of the CourtSpencer, J.
(orally). The Election Law (L. 1896, ck 909) provides for two classes of nominations. One is designated as party nominations. They are made by large masses of people organized as parties, holding caucuses and conventions. Party nominations are made by these conventions. Section 56 of the Election Law provides how certificates of such nominations shall be made, signed, and filed. The law contemplates that there may be different parties using names that are similar, and provides that in case certificates of nomination made by different parties shall contain the same, or substantially the same…
2Cases cited1 opinion
- In re Complaint of GreeneAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Socialist Workers Party v. RockefellerDistrict Court, S.D. New York · 1970
- Jacobs v. PyleSouth Dakota Supreme Court · 1928
- State ex rel. Miller v. HarmonNevada Supreme Court · 1912
- O'Connor v. SmithersSupreme Court of Colorado · 1908
- Rich v. StorerNew York Supreme Court · 1945
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