Matter of Wicksel v. Cohen

Pound, Ch. J.

This is an appeal on certified questions. (Civ. Pr. Act, § 588, subd. 4.) An application was made to require the Board of Elections to place the name of petitioner and one Franke on the ballot for the coming election as candidates for Alderman and Assemblyman respectively in the eighteenth Assembly and the forty-third aldermanic districts of Kings county, as nominees of the Fusion independent party.

Their nominating certificates had been rejected by the Board of Elections. The Board examined the petition and decided that it contained an insufficient number of names of qualified…