Anderson v. Power

The orders invalidating petitions for primary designations for public and party office should be affirmed.

Under section 135 of the Election Law as last amended in 1954 (L. 1954, ch. 745), a subscribing witness to a designating petition may append an unsworn statement, in lieu of an affidavit as theretofore required, but under the same penalties for falsehood as if duly sworn. Such a statement is a solemn, formal act that must comply with the statute. Its date is significant for a number of purposes, including the prevention of fraud. Such date is a material part of the statement, and its…