The sun., 1912-07-25
Independent Nominations for Prc.i-
dental Electors.

Mr.. JACOB A. LIVINGSTON, Commits
sioncr of Elections in Kings county, has
discovered mares nest in the alleged
absence of any statutory authority for
Iuaking independent nominations for
Presidential electors which will be en-
titled TO appear upon the official printed
ballot.
The election law provides for two
sorts of nominations: party nominations
and Independent nominations. Inde-
pendent nominations arc made by means
Of certificate subscribed and verified
under oath by a prescribed number OF
voters, which number varies according
TO the character and Importance of the
Office to be filled. Presidential electors
are chosen by the voters of the State at
large, and it would seem perfectly clear
that they fall under the clause of section
l22 Of the election law:
Independent nominations OF candidates
for public ONCE to be voted for by all the
voters Of the State can only DO made by
six thousand or more voters OF the State.
provided. however. that In ing up such
number at least fifty voters in each county
OF tho State uhe counties of Fulton and
Hamilton to be considered as one county,
shall subscribe the certificate"
The same section goes on to pro-
vide that independent nominations for
candidates for municipal offices may
he made by two thousand voters in
cities of the first class, one thousand
voters in cities of the second class, and
five hundred voters in other cities.
Five hundred voters may make an
independent nomination for member of
Assembly, and one hundred voters an
independent nomination for town, ward
or village officers.
Mr.. LIvINGsToN's point seems to be
that Presidential electors cannot be
nominated by means OF independent
certificates because they are not ex-
preesly named in the statute; but no
general State officer is named in the,
statute, and his objection would apply
just as well to the Office of Governor,
IAeutenant-G Governor or Attorney-Gen-
eral az it does to Presidential electors.
We think there can be no doubt under
tho language of the statute that the
Bull Moose party can put an entire
State ticket in the field by means of
independent nominations; and indeed
this is the only way in which they can
accomplish that result. They do not
constitute a party within the meaning
OF the election law, because that statute
provides that party nominations Of
candidates for public Office can only
be made by a convention or by a duly
authorized committee of such conven-
ton Of a political party which at the
last preceding general election before
the holding Of such convention at which
aGovernor was elected cast ten thousand
votes in the State for Governor. The
Bull Moose party was not in existence at
the last election for Governor in this
State, and hence cannot possibly come
within the terms of the law.
A question may possibly arise, how
ever. under the amendment to the cleo
ton law adopted in 1911, which provides
that there shall be separate ballot for
Presidential electors. This amendment
requires the names of the candidates
for President and Vice-Presidcnt to b..
placed on the ticket Immediately below
the name Of the party making the nom
nations The provisions should hav,
been made to read Immediately below
tho name Of the party or independent
body making the nominations lnas,
much. however, az an independent body
olsarly has the right to make nomina
tions for Presidential electors If it car
obtain the signatures of six thousand vot
ers to q certificate for that purpose, TIM
Secretary OF State would probably hole
that Q nomination thus mado was to b.
trsaknd precisely the Same a. nomina