Matter of Orange v. Cohen
New York Court of Appeals
The provisions of the Election Law (Cons. Laws, ch. 17) in reference to certificates of nomination by independent bodies should be liberally construed so as to promote and not hinder the independence of voters at public elections. (Matter of Independence League Nominations, 51 Mise. Rep. 486] Matter of McClosky, 21 Mise. Rep. 365; Matter of Adams, 21 Mise. Rep. 396; Matter of Pool, 108 App.
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The provisions of the Election Law (Cons. Laws, ch. 17) in reference to certificates of nomination by independent bodies should be liberally construed so as to promote and not hinder the independence of voters at public elections. (Matter of Independence League Nominations, 51 Mise. Rep. 486] Matter of McClosky, 21 Mise. Rep. 365; Matter of Adams, 21 Mise. Rep. 396; Matter of Pool, 108 App. Div. 361.) The Board of Elections was without power to accept the original nominating petitions filed on behalf of the petitioner in view of the defects in the oaths of the subscribing witnesses. (Cons.…
1Per curiam
The petition filed for the independent nomination of petitioner was filed within the time allowed by law. Thereafter it was discovered that the authentications were defective because the authenticating witnesses failed to state that they were duly qualified voters at the last election and set forth the places from which they voted, as required by the amendment of section 135 of the Election Law (Cons. Law, ch. 17) enacted in 1935 (Ch. 955, § 6). Before the expiration of the time fixed by law for the filing of petitions for independent nominations the authenticating witnesses filed with the…
2Cases cited1 opinion
- Matter of Dorsey v. CohenNew York Court of Appeals · 1935
3Cited by6 opinions
- Matter of Phillips (Hubbard)New York Court of Appeals · 1940
- Sortino v. ChiavaroliAppellate Division of the Supreme Court of the State of New York · 1977
- Engel v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1988
- In re WhitmanNew York Supreme Court · 1940
- Lyden v. SullivanAppellate Division of the Supreme Court of the State of New York · 1945
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