In re O'Brien

The Election Law provides, as to nominations of this kind, in section 122 (Consol. Laws 1909, c. 17), as follows:

"Independent nominations of candidates for public office other than municipal offices to be voted for in a district less than the whole state, but greater than a town or ward of a city, can only be made by one thousand; five hundred voters or more of the district.”

The nominating certificate filed contains nine hundred signatures. Authority is claimed for the validity of this certificate, as to numbers, by'the decision in People ex rel. Hotchkiss v. Smith et al., Constituting the…