In re Cowles

Petitioners were regularly nominated at a party caucus and the certificate of their nominations was regular in all respects. The caucus officers on September 17, 1937, mistakenly filed the certificate with the town clerk. It should have been filed with the board of elections of Chautauqua county on or before September 28, 1937. (Election Law, § 140, subd. 5.) The mistake was discovered by the town clerk on October 6, 1937, at which time he attempted to file the certificate with the board of elections but filing was refused upon the ground that the time for filing had expired. It rested within…